Commercial property owners and operators beware: its not just the tax man who cometh, its the EPA-man as well. As most states are assuming the Netherlands style cooperative approach to regulatory enforcement, our federal government seems to be taking a contrary path.

Let me explain. The emerging trend in environmental enforcement has been to emphasize a working together spirit between regulators and the regulated community. Its the we-are-all-in-this-together philosophy. New Jersey is one good example, where penalty enforcement actions are way down, while voluntary cleanup agreements are at an all time high.

Commercial property owners and operators often have environmental obligations, and penalty exposure for non-compliance. This ranges from air pollution matters, to water pollution, to hazardous waste and Superfund. For these owners and operators, programs emphasizing cooperation rather than penalties can save them lots of money. Also, it permits investment in better control technology, rather than penalty assessments.

Just as it appears that the national trend was pro-cooperation, the EPA proves that it can buck a trend as well as anyone else. Forget cooperation, we have a budget shortfall to make up. Let's fine, fine, and fine.

In, 1996, the EPA assessed more fines than ever before on polluters. There were 262 criminal cases referred by the EPA to the Justice Department last year, and a whopping $76.7 million in fines collected. This is more than twice the previous record for collected fines.

The EPA is quick to point out that strong enforcement underscores its commitment to protect our air, our land, our water and our health. But if fines result in compliance, why are so many states moving in the opposite direction?

Remember, fines are not used to fix environmental equipment such as air pollution controls or water pollution control mechanisms. Perhaps, fines would be more understandable if they were applied against the cost of developing emerging environmental technology.

But fines go to the Treasurer. They pay for entitlements, and big government pork projects, and the like. While fines don't get anyone a free night in the Lincoln Room, they pad the bloated bureaucracy in Washington.

The total of criminal, civil and administrative fines and penalties in 1996 was reported to be $173 million, another EPA record. And while we are on the subject, how about the EPA's record inability to clean Superfund sites? Or its record inability to make prompt, informed decisions about, just about anything.

What is startling about these record penalties is that the EPA has become Tax Man II. It is clearly a penalty driven organization, looking to fill in budgetary gaps. That is not good environmental management. It is simply bad government.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.