Enforcement Manual
The Civil Enforcement Manual provides guidance to DEQ staff when evaluating, processing and adjudicating a violation of an environmental law or regulation. The policies and procedures described in the manual are provided to promote consistency and fairness in the enforcement process, as well as to inform the public of the rights and responsibilities associated with environmental compliance.
New sections and revised sections of the 1999 Manual (Revision 1) are listed below.
| Introduction |
Introduction |
Revision 2 (.pdf) |
April 28, 2009 |
| Chapter 1 |
Enforcement Policy |
Revision 2 (.pdf) |
April 28, 2009 |
| Chapter 2 |
General Enforcement Procedures |
Revision 2 Cover Memorandum. Chapter 2 Text (Revision 2 to Chapter 2 Civil Enforcement Manual) |
May 11, 2012 |
| Chapter 2A |
General Enforcement Procedures - Attachments to Chapter 2 |
Revision 2 Cover Memorandum. Chapter 2A Text |
May 11, 2012 |
| Reference |
Dispute Resolution |
Process for Early Dispute Resolution of Notices of Alleged Violation and Notices of Deficiency (Agency Policy Statement No. 8-2005) |
September 1, 2005 |
| Chapter 3 |
Priority, Timeliness and Certainty of Enforcement Actions |
1999 Manual Chapter 3 |
|
| Chapter 4 |
Civil Charges and Civil Penalties |
Revision 2 Cover Memorandum. Chapter 4 Text |
September 6, 2012 |
| Chapter 5 |
Incentives for Identifying and Resolving Violations |
Revision 2 Cover Memorandum (with signature). Revision 2 to Chapter 5 Text. This Chapter describes: (1) incentives for Responsible Parties (RPs) to identify and disclose their own violations through voluntary environmental assessments; and (2) criteria and procedures for DEQ and RPs to include Supplemental Environmental Projects (SEPs) in consent orders and consent decrees. This guidance supersedes both Enforcement Guidance Memorandum No. 1-2006, Voluntary Environmental Assessments (June 13, 2006) and Enforcement Guidance Memorandum No. 3-2006, Supplemental Environmental Projects (September 19, 2006). |
May 2, 2012 |
| Chapter 6 |
Adversarial Administrative Actions |
1999 Manual Chapter 6 |
|
| Chapter 6 |
New section: Formal Hearings |
Enforcement Guidance Memorandum No. 2-2007, (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. |
December 20, 2007 |
| Chapter 7 |
Court Actions |
Under development. The former Chapter 7 of the 1999 Manual was revoked effective June 12, 2009. |
|
| Chapter 8 |
Inspection Warrants, Information Requests and Bankruptcy |
Guidance Memorandum No. 1-2011. (pdf). Access to Private Property for Inspections and Investigations, Denial of Access, and Obtaining Administrative Inspection Warrants |
March 3, 2011 |
Disclaimer: Guidance documents are developed as guidance and, as such, set forth presumptive operating procedures. See § 2.2-4001. Guidance documents do not establish or affect legal rights or obligations, do not establish a binding norm and are not determinative of the issues addressed. Decisions in individual cases will be made by applying the laws, regulations and policies of the Commonwealth to case-specific facts.