Enforcement

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DEQ’s mission is to ensure compliance with Virginia’s environmental requirements in all of its enforcement actions, and to encourage environmental stewardship.

DEQ’s enforcement program promotes the understanding that the common good lies in environmental compliance and stewardship, and that noncompliance is more costly than compliance.

Enforceable environmental requirements are established through laws, regulations, permits, and administrative or judicial orders. Possible violations of environmental requirements are identified in many different ways such as through inspections, record reviews, self-reporting, and information reported to DEQ. DEQ uses a range of enforcement methods and selects the most appropriate method for each action. These methods are categorized as “informal” and “formal.” Informal measures are the least adversarial and include notifying a facility owner or operator of alleged violations verbally or in writing and seeking corrective action without further enforcement action. Formal enforcement methods involve additional administrative or judicial processes and usually result in an order or agreement that is legally enforceable. DEQ usually begins each enforcement action with the least adversarial method that is appropriate for the case.

Central Office Division of Enforcement Contacts
Division Director	Kristen Sadtler	804-664-3864
Adjudications Coordinator	Carla Pool	804-664-3666
APA Presiding Officer	Davis Wilcox	804-461-7951
Air, Wetlands, Water Withdrawals & Oil Spills	Gary Wooldridge	804-584-6716
RCRA C & I (Land)	Michelle Callahan	804-664-3893
Water	Dennis Haskin	804-588-2358

Enforcement FAQ

What is a Notice of Violation (NOV)?

How is a civil charge, penalty, or fine calculated?

The Virginia Code required the development of guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based on the following factors: the severity of the violations; the extent of any potential or actual environmental harm; the compliance history of the facility or person; any economic benefit realized from the noncompliance; and the ability of the person to pay the penalty.

Where does the civil charge, penalty, or fine go once collected?

What is a consent order?

A consent order is an administrative order issued by DEQ to a Responsible Party with its consent. Consent orders are case decisions, are authorized by statute, can be enforced in court, and may include civil charges and/or specified actions that a Responsible Party must perform to return to compliance with environmental requirements.

If DEQ is not able to return someone to compliance through a consent order, the DEQ may pursue other options such as an informal fact finding proceeding, referral to the US Environmental Protection Agency, or the Office of the Attorney General for appropriate action.

What is an Informal Fact Finding Proceeding (IFF)?

An informal Fact Finding Proceeding is a semi-formal proceeding. At the IFF, DEQ must prove that, more likely than not, the allegations that a violation has occurred are true and the assessed penalty is supported by law. Individuals have an opportunity to present evidence that the information in DEQ’s possession does not support a case decision that a violation occurred. An attorney may represent individuals at the IFF but is not required.

What is a Supplemental Environmental Project (SEP)?

What is a Voluntary Environmental Assessment?

DEQ promotes voluntary environmental assessments and encourages facility owners and operators to voluntarily discover, disclose, correct and prevent violations of environmental requirements. Under Virginia law, facility owners or operators who perform voluntary environmental assessments enjoy a privilege from disclosing the resulting documents and immunity from all administrative or civil penalties for the violations they discover as a result, so long as the violations are voluntarily and promptly disclosed and corrected. The laws have qualifications, however, and they do not apply to programs that have been authorized, delegated, or approved by the U.S. EPA. For details please review DEQ procedures and instructions on this issue.

The cost of corrective action is so high, why do I have to pay a penalty?

DEQ assesses a penalty to penalize prior noncompliance as well as deter future noncompliance. The penalty also serves to create a regulatory environment that is fair to those who invested the time and money to maintain compliance on their own initiative. Corrective action is required by law, is necessary in order to protect human health and the environment, and not considered when assessing a penalty.

Can I have my penalty reduced or eliminated?

If you demonstrate good faith efforts to promptly correct the alleged violation, DEQ will favorably consider these actions when calculating any potential reduction. Also, if you think you do not have the ability to pay the assessed penalty, DEQ has a process in place to evaluate your claim and offer a payment plan or reduce/eliminate the penalty as appropriate. More information can be found in DEQ’s Civil Charge Guidance.

Who should I contact if I have questions?