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Environmental Quality Control (EQC)

 

Enforcement

 
 

Frequently Asked Questions (FAQs)

 
     
 

1. Where may I obtain a copy of a final Consent Order for a company?

 
  You may obtain a copy of the Consent Order by contacting the Freedom of Information Office (FOI) at 803-898-3882.  
     
 

2. If I enter into a Consent Order, does that relieve me from any other enforcement action for the same violation(s) until the Consent Order is closed?

 
  No.  Any violations that are not addressed in the Consent Order are subject to further enforcement action.  
     
 

3. If I am dealing with two or more bureaus in an enforcement action, will I get correspondence from both?  Do I need to send required documentation to both/all enforcement project managers?  What about penalty payments?

 
  Your Consent Order will tell you the contact for submittal of all documentation and the penalty payment.  
     
 

4. If my ability to pay determination shows that I cannot pay the penalty, am I still responsible for the clean-up?

 
  Yes.  
     
 

5. Do I have to attend an enforcement conference?

 
  Attendance at an enforcement conference is not mandatory; however, you are strongly encouraged to attend so you can present any information you would like the Department to consider before it proceeds with an enforcement action.  
     
 

6. I have corrected my violations and complied with the Department’s requests, why does the Department still want me to enter into a consent order and pay a penalty?

 
  Some violations require a formal enforcement response in accordance with the EPA enforcement response policies.  In some cases, the nature of the violations warrants the issuance of an order and assessment of a civil penalty because of actual harm or potential harm to human health, the environment, or the purpose of the regulatory program.