Overview

Enforcement Philosophy

DEQ's goal is to take appropriate enforcement actions to address violations of environmental laws. This means that the mechanism used by DEQ to achieve compliance is proportional to the violation, responsive to the facility's compliance history, and protective of human health and the environment. In addition, an appropriate enforcement action, which may include a civil charge and recovery of economic benefit, sends a message of deterrence to the regulated community.

In order to maintain credibility with the regulated community and the public in general, DEQ strives to take consistent and fair enforcement actions. This means that the regulated community can expect a similar response to a comparable violation -- given its impact on human health and the environment -- regardless of the region in which it occurs. While each case is fact-specific and must be managed accordingly, consistency is a factor in determining the enforcement action.

DEQ's guiding principle in enforcement is to use the least adversarial method that will achieve DEQ's goals of compliance, correction and deterrence. DEQ will use the full range of enforcement tools available to it, however, as necessary to achieve its goals.

Goals

To carry out its mission, the department has established the following goals:

• To take timely, appropriate, fair, consistent, and effective enforcement actions.
• To approach enforcement, whenever possible, in a helpful, cooperative, and non-confrontational manner.
• To stop and correct repeat and/or ongoing violations.
• To bring facilities into compliance.
• To prevent future violations.
• To remove the economic benefit of noncompliance.
• To ensure economic advantage is not obtained through noncompliance.
• To remediate the environmental impact of past violations.
• To assist the regulated community in achieving and maintaining compliance with environmental requirements.
• To send a clear message that compliance is important.
• To notify appropriate prosecutorial authorities of suspected violators when there is reason to believe criminal activity is involved.

Overview of Enforcement Actions

There are a variety of enforcement tools available to DEQ staff to bring sources and facilities into compliance. The least adversarial method is some form of informal enforcement that notifies a facility of suspected noncompliance and encourages self-correction without further department action. In such a case, the department does not progress to another level of enforcement or render any decisions regarding whether violations have actually occurred.

More formal enforcement methods involve an administrative, civil or criminal process that generally results in an enforceable instrument such as an administrative order or judicial decree. Examples of the more formal enforcement methods include consent orders, informal factfinding proceedings, formal hearings and civil suits. Administrative proceedings are conducted pursuant to the Virginia Administrative Process Act.