Provide recommendations to their chain of command on techniques to ensure
compliance with environmental regulatory requirements.
Identify the environmental risks associated with individual and team tasks.
Support recycling programs.
Report HM and HW spills immediately.
Make sound environmental decisions based on guidance from the chain of command,
past training, and personal concepts of right and wrong.
2-9. Environmental Penalties. Federal and state environmental regulatory agencies, under the
authority of the FFCA, can impose penalties on the Army for violating environmental laws.
These penalties include fines, increased monitoring and intervention by environmental
regulators, and damage awards from lawsuits.
a. The government has imposed career penalties upon its military and civilian employees
for causing violations against the installation. Some federal employees have received criminal
indictments for violating environmental laws. Soldiers should be aware of and understand
environmental laws to ensure compliance. The local Judge Advocate General (JAG) office is
best equipped to advise soldiers on exactly what must be done in a given situation to comply
with the law. A basic understanding of legal principles assists soldiers in making good decisions
and in working with legal counsel, should the need arise.
b. A soldier who violates environmental laws or allows others to do so can be prosecuted
by military authorities under the Uniform Code of Military Justice (UCMJ) or in Federal District
Court. If convicted of environmental violations, soldiers can receive fines of up to $50,000 per
day and imprisonment of up to two years.
c. Environmental laws and regulations may be violated through negligent acts and
purposeful acts. Either of these types of violations can subject military installations to fines and
civil suits. Personnel should consult the local JAG office for the latest changes or interpretations
of laws and regulations. Violations of environmental laws, whether intentional or not, are treated
the same by regulators and inspectors. Unintentional violations due to negligence can be
prevented through training and education. Purposeful violations must be prevented by the chain
of command and an individual's moral sense.
(1) Negligent acts are careless and delinquent actions that should be brought to the
attention of commanders, leaders, and supervisors. Supervisors are responsible for ensuring that
soldiers perform their duties correctly. Therefore, if soldiers are negligent or careless, a
supervisor is guilty of negligence even if the supervisor is unaware of the act. For example,
assume the chain of command failed to ensure that all concertina or communications wire was
collected and stored following a field exercise. The chain of command is responsible for damage
or injury to personnel or wildlife that becomes entangled or injured by the wire. Failing to ensure
that hazardous materials, such as solvents, are stored and accounted for properly is another