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.
| Chapter Number | Description | Revision | Effective Date |
| 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) | April 21, 2011 |
| Chapter 2A | General Enforcement Procedures - Attachments to Chapter 2 | Revision 2 to Civil Enforcement Manual Chapter 2A | April 21, 2011 |
| 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 Penalties | Enforcement Guidance Memorandum No. 2-2006, Revision 3, (Word). Civil Charges and Civil Penalties in Administrative Actions. This guidance addresses specific criteria used by DEQ 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 1999 Manual. Revision 2 addresses discharges of oil. (This replaces the August 10, 2006, Guidance and the September 25, 2008 Guidance.) Violations of Article 11 of State Water Control Law : Oil Discharge Civil Charge - Civil Penalty Worksheet and Text - update of May 2, 2011. | December 15, 2009; Article 11 update effective May 2, 2011 |
| Chapter 5 | Incentives for Identifying and Resolving Violations | Enforcement Guidance Memorandum No. 3-2006, 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 1999 Manual. | September 19, 2006 |
| Chapter 5 | New section: Voluntary Environmental Assessments | Enforcement Guidance Memorandum No. 1-2006, 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. | June 13, 2006 |
| 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.