Enforcement Manual

The Department's Enforcement Manual provides guidance to the staff in enforcing Virginia's environmental statutes and regulations. The procedures in the Manual guide the staff in undertaking timely, reasonable, appropriate, consistent and fair enforcement actions.

2008

Enforcement Guidance Memorandum No. 2-2006, Revision 2, September 25, 2008 (Word).  Civil Charges and Civil Penalties in Administrative Actions.  This guidance addresses specific criteria used by the Department of Environmental Quality to calculate appropriate civil charges and civil penalties in administrative actions for the Air Program, the Waste Program, and the Water Quality and Water Resources Management Programs and supersedes Chapter 4 of the DEQ Enforcement Manual.  Revision 2 addresses discharges of oil. 

Enforcement Guidance Memorandum No. 1-2005 (Revision 1).   September 25, 2008.  (.pdf)  Notices of Alleged Violation (NOAVs):  Formats and Processes for Warning Letters and Notices of Violation.  This guidance supersedes Chapter 2, Sections I (A) through I (C) of the DEQ Enforcement Manual and the related attachments for Warning Letters and NOVs.  Revision 1 includes formats and processes for Warning Letters and Notices of Violations to address discharges of oil.

2007

Enforcement Guidance Memorandum No. 1-2007, June 29, 2007 (Word).  Discusses the process for issuing SSO (sanitary sewer overflow) Consent Special Orders and SSO Hearing Special Orders.

Enforcement Guidance Memorandum No. 2-2007, December 20, 2007 (Word).  This guidance sets forth procedures that govern formal hearings conducted for DEQ and its three regulatory boards: the State Water Control Board, the Virginia Waste Management Board, and the State Air Pollution Control Board.

2006

Enforcement Guidance Memorandum No. 1-2006, effective June 13, 2006. Voluntary Environmental Assessments: statutory privilege from disclosing documents; statutory immunity from administrative or civil penalties; enforcement discretion policy for " self-policing" through voluntary environmental audits and environmental management systems.

Enforcement Guidance Memorandum No. 2-2006, dated August 10, 2006, has been replaced by the 2008 Revision 2, above.

• Comments and Responses (Word)
• Comparison Table of Examples (Excel)

Enforcement Guidance Memorandum No. 3-2006, effective September 19, 2006.  Supplemental Environmental Projects (SEPs).  This guidance addresses evaluating SEPs and the use of SEPs as an offset of civil penalties.  It supersedes Chapter 5 of the DEQ Enforcement Manual. (WORD)

2005

Guidance Memorandum DE-05-001, effective October 26, 2005, has been replaced by Enforcement Guidance Memorandum No. 1-2005 (Revision 1), effective September 25, 2008 (above).

 DEQ Regulations - Process for Early Dispute Resolution.  September 1, 2005. (.pdf)

DEQ Enforcement Manual, 12/1/1999  (See above for portions that have been superseded.)

EPA

Revision of NPDES Significant Noncompliance (SNC) Criteria to Address Violations of Non-Monthly Average Limits.   September 21,1995, memorandum that transmits the NPDES program's SNC definition.

If you have any comments or suggestions for revisions to the Manual, please contact:

John E. Ely
629 E. Main Street
Richmond, VA 23219
804-698-4249
fax:804-698-4277
jeely@deq.virginia.gov