Program of the Month
City and state personnel inspect potential biohazards as part of an investigation of 13 tractor trailers of medical waste that were abandoned in Richmond in 2002. A grand jury in Richmond has indicted several people from a medical waste hauling and disposal firm on numerous criminal counts, including violations of the Virginia Solid Waste Management Act.
Enforcement accomplishments
Air quality
DEQ, EPA and West Virginia achieved a settlement in April 2003 with Virginia Power on various alleged Clean Air Act violations at several coal-fired power plants. The settlement required Virginia Power to install emission control technology at the Chesterfield and Chesapeake power plants, undertake environmental enhancement at a cost of $13.9 million and pay a $5.3 million civil penalty.
Wetlands
With the Office of Attorney General, DEQ obtained a ruling from the U.S. Court of Appeals for the Fourth Circuit in early 2004 upholding the Commonwealth's jurisdiction over wetlands and the state's wetlands protection statute.
Waste
In cooperation with the Virginia Office of the Attorney General, DEQ revoked the permit for Page County landfill in March 2004 in response to alleged multiple serious, ongoing violations by the landfill of its permit, solid waste regulations and state laws.
Enforcement: Helping to protect the environment
When a facility fails to comply with Virginia’s environmental laws and regulations, the Department of Environmental Quality’s enforcement specialists step in.
“When a facility has problems, it is DEQ’s goal to ensure the environment is protected by getting them resolved as promptly as possible,” Division of Enforcement Director Amy Owens said.
Some facilities, wastewater treatment plants for example, and activities, such as the altering of wetlands, require environmental permits. DEQ issues permits that limit the amount and type of pollutants emitted into the air, disposed of in landfills and released into the state’s waters. Virginia’s laws and regulations also define performance standards that require facilities to implement practices that limit environmental effects.
If facilities fail to comply with permit and regulation requirements, a violation has occurred. Violations also occur when someone conducts illegal activities, like dumping pesticides into a stream.
“Compliance is our number one priority,” Owens said. “Most permittees cooperate with DEQ to avoid violations, and when they do happen, fix them quickly.”
Violations are often found during facility inspections by DEQ and through review of reports and data submitted by permit holders. Citizen complaints telephoned or e-mailed to DEQ regional offices are another important source for discovering violations. In most cases, DEQ is able to work successfully with a facility to remedy violations promptly.
“However, a violation will become a formal enforcement issue when there are conditions that affect human health and safety or the environment, when there is a pattern of noncompliance or when conduct is severe” Owens said.
When an enforcement action appears necessary, DEQ issues a notice of violation that describes the problem and requires the permit holder to enter into discussions to resolve the issue. DEQ’s program staff refers the case to the enforcement specialist at one of DEQ’s seven regional offices, which receive support from enforcement program managers in DEQ’s central office.
During enforcement discussions, DEQ enforcement specialists negotiate appropriate corrective action, including operational or equipment changes, or site cleanups. A schedule for implementing the corrective actions may also be necessary. In cases where violations are an anomaly or are fixed promptly, DEQ may decline to pursue further enforcement actions.
If formal action is necessary, DEQ issues a consent order to the permittee at the end of the discussion process. Water and waste consent orders are available for public comment before DEQ issues the final order. A consent order directs the permit holders to comply with the corrective action plan and schedule, and if appropriate, pay a civil penalty.
Enforcement specialists consider the permit holder's compliance history, the facts of the case and applicable U.S. Environmental Protection Agency requirements when making enforcement decisions.
If DEQ and the permit holder cannot reach agreement, DEQ can hold an informal proceeding or formal hearing that is likely to result in an order to the permit holder to comply. DEQ also works closely with the Virginia Office of the Attorney General and the EPA on more severe enforcement strategies, including administrative proceedings, injunctions, permit revocations and judicial proceedings.
Regardless of the case, permit holders can expect consistency in DEQ’s response to similar violations, but the methods used to reach a conclusion may vary depending on the needs of a permit holder.
“The same values are applied to each case, but the methods we need to use to reach a conclusion are case specific,” Owens explained.
If DEQ suspects an environmental crime has occurred, the agency refers the case to law enforcement for review and potential prosecution. While DEQ does not participate in the decision to prosecute a case, the agency’s criminal investigator collects evidence on behalf of criminal prosecution authorities. DEQ’s criminal investigator also works closely with three task forces in Western, Central and Tidewater Virginia as a mechanism for investigating criminal cases.
DEQ is also a part of the Northeast Environmental Enforcement Project and the Southern Environmental Enforcement Network, and works with the EPA and with other state governments when it is appropriate.
Although DEQ has many tools to enforce Virginia’s laws and regulations, it is in the best interest of the environment and human health if a resolution happens quickly and future compliance from the permit holder can be ensured.
“Our top priority is to ensure compliance and protect the environment,” Owens said.
For more information, see the Office of Enforcement web site.