Performing self-assessments of their work area to ensure that they are complying with
environmental guidelines.
Informing their chain of command when they discover environmental problems.
h. Noise Control Act (NCA). The NCA promotes an environment free from noise that jeopardizes
health or welfare. The Army should comply with all federal, state, and local requirements, respecting the
control of noise unless doing so conflicts with the military mission. Soldiers comply with the NCA by--
Avoiding unnecessary noise.
Respecting noise buffer zones, minimum flight altitudes, no-fly zones, and nighttime
curfews designated by the installation.
3-3. State Law. Each state has its own regulatory organization charged with developing and
implementing environmental regulations. Most federal statutes allow states to set standards that are at
least as stringent as federal requirements. When the EPA approves a state's program, the state has
primary responsibility and authority for that particular program. Some state governments have additional
environmental laws. Actions allowed by the environmental laws of one state may be illegal in another
state. The installation environmental coordinator knows the state laws that apply to the installation.
Soldiers must comply with federal, state, local, and applicable HN regulations.
3-4. Local Law. Local laws and ordinances address the concerns of the local communities. Generally,
local laws will be based on federal and state laws. However, each municipality or community may place
more stringent restrictions on certain activities. Noise restrictions during certain hours of the day are very
common. It is highly unlikely that local environmental ordinances will extend to military installations,
since most installations are not within municipal boundaries. However, the potential for conflict exists
when installations are located close to cities and towns.
3-5. Host Nation Law. Many of the countries to which soldiers might deploy also have different
environmental requirements. Army units in foreign countries must follow the environmental guidelines
of the HN. When units deploy to other states or countries, leaders should inform them of changes in
environmental requirements. Status of Forces Agreements (SOFAs) that permit or require standards other
than those of the host country, are considered part of the environmental-pollution-abatement standards.
These agreements apply to the Army in the host country or its jurisdiction. Apply AR 200-1 (with
specific references to paragraph 1-24) and apply AR 200-2 to fulfilling outside the continental United
States (OCONUS) environmental-protection requirements.
3-6. Environmental Penalties. Federal and state environmental-regulatory agencies 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. Soldiers should be aware of and understand environmental laws to ensure that the installation
or individuals on the installation do not incur any penalties. 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. However, a basic understanding of legal principles will assist soldiers in making good
decisions and in working with legal counsel, should the need arise.
b. Soldiers who violate environmental laws or allow 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 up to ,000 per day or imprisonment
for up to two years.
EN 5702
3-4
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