Can a company with an EMS – even one registered to ISO 14001 – still be out of compliance with regulatory requirements?
A. Yes, but it is MPCA’s position that such a situation cannot continue for long or because of the same root causes. The MPCA recognizes that because the regulatory system does not always produce continual compliance, we frequently must work with or pursue enforcement with companies to correct noncompliance. Our goal therefore is to have EMSs self-discover, report, and quickly deal with noncompliance, particularly significant noncompliance. “Noncompliance” includes incidents of adverse or unpermitted environmental impacts, failure to maintain adequate and timely records, or failure to submit accurate and timely reports as required by statute, rule or permit. Our message to auditors, registrars, and facilities seeking conformance to the ISO 14001 EMS standard is that instances of related/repeated noncompliance after corrective EMS action should lead to major nonconformance determinations, which should in turn lead to loss of ISO registration should noncompliance related to the root caus
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