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Environmental Quality Control (EQC)
 

Enforcement

 
 

Glossary of Terms

 
     
 

Administrative Order

 
  An Administrative Order is an order issued without the responsible party’s consent.  This type of order can be appealed in accordance with the applicable statutes, the Administrative Procedures Act, and the rules of procedure of the Administrative Law Court.  
     
 

Compliance Agreement

 
  A Compliance Agreement is a legally binding, enforceable document used to establish a compliance schedule with a responsible party who has demonstrated cooperation with the Department in addressing an environmental concern. This may also be referred to as a Consent Agreement.  
     
 

Compliance Assistance

 
  Compliance Assistance may be provided if appropriate to assist the entity in achieving, maintaining, and enhancing compliance.  Compliance assistance activities may include, but are not limited to, on-site assistance, workshops and trainings, fact sheets, special mailings, and telephone assistance.  Compliance assistance activities may be concurrent with enforcement activities.  
     
 

Consent Agreement

 
  A Consent Agreement is a legally binding, enforceable document used to establish a compliance schedule with a responsible party who has demonstrated cooperation with the Department in addressing an environmental concern. This may also be referred to as a Compliance Agreement.  
     
 

Consent Order

 
  A Consent Order is a legally binding, enforceable document.  The terms and conditions have been agreed upon by the Department and the responsible party.  The signing of a Consent Order waives the responsible party’s right to an administrative appeal.  
     
 

Enforcement Conference

 
  An Enforcement Conference may be held when an entity exhibits a pattern of noncompliance or there are multimedia compliance issues.  The Department may meet with the responsible party to discuss the steps needed to come back into compliance and the possibility that a formal enforcement action may be initiated if compliance is not achieved.  
     
 

Field Notice of Violation

 
  A field notice of violation may be issued at the time of inspection where violations of applicable statutes and/or regulations are identified.  
     
 

Notice of Alleged Violation

 
  A Notice of Alleged Violation is usually used along with the issuance of a Notice of Enforcement Conference.  The Notice of Alleged Violation will outline the Department’s findings and identify the laws or regulations the Department believes were violated.  
     
 

Notice of Violation, No Response Required

 
  A Notice of Violation that does not require a response is used to document that one or more violations have occurred, that necessary corrective measures have been taken, and that no further enforcement action is planned.  
     
 

Notice of Violation, Response Required

 
  A Notice of Violation that requires response is issued with a requirement that the responsible party submit information demonstrating a return to compliance.  If a responsible party fails to comply with the required response as detailed in the Notice of Violation, a formal enforcement action may result.  
     
 

Warning Letter

 
  A warning letter may be used to document violations, set forth a time frame for correction, or provide notice that subsequent violations may result in a formal enforcement action.  Warning letters may be used for first-time violators with no previous history of noncompliance and where there is minimal or no actual or potential threat to public health or the environment.  
     
 

Warning Notice

 
  A warning notice is used to notify a responsible party of an ongoing violation and to request the party to immediately stop that activity until corrective measures are taken and completed as required.