Maine DEP Lead & Asbestos Program
Compliance Inspections and Enforcement Response Options

The purpose of the Department’s compliance inspections is to verify compliance with regulatory requirements, to gain compliance, and to create a written record to serve as the basis for enforcement action. The amount of time a compliance inspector spends on a job site depends on the size and complexity of the project, the nature of any violations noted, whether the contractor seeks to correct any violations while the inspector is on site, and the amount of technical assistance offered by the inspector.

When a DEP Compliance Inspector observes a violation at an abatement project, that inspector is obligated to note the violation and to notify the supervisor on site of the violation. Additionally, the inspector may record the actions the contractor must take to correct the violations and whether the violation is corrected while the inspector is still on site.

Depending on the nature of the violation, the potential risk to the environment and to worker and public health and safety, and the responsible party’s compliance history, the DEP will follow up violations in one of several ways.

Notation on the Notice of Inspection. At a minimum, the field inspector will note all violations on the Notice of Inspection (NOI). If the violations are resolved while the inspector is on site, this will also be noted on the NOI. The field inspector will also record on the NOI if the inspection was only a partial inspection and the scope of the inspection. For inspections of sites other than abatement projects, the inspector may document his/her findings in a field book.

Further action may include:

Issuance of a “Letter of Warning” (“LOW”). This is a written letter to the responsible party describing the violation and giving warning that if this violation is noted in the future, the Department will proceed with formal enforcement action.

Issuance of a “Notice of Violation” (“NOV”). This is a legal notice from the Department to the responsible party that describes the violation. This is the first step in formal enforcement action.

Issuance of an “NOV” with Corrective Action. This “NOV” also includes actions beyond those required to come into compliance that the Department requests the responsible party implement. If the responsible party implements these actions, the Department will not pursue further enforcement for this violation provided the responsible party complies with the applicable laws and regulations in the future.

Issuance of an “NOV” with a Consent Agreement to follow.

Issuance of an “NOV” with court action to follow.

Consent Agreements and Court Orders are actions that resolve the violations and provide the violator with release from further action. The Department has the right to follow up all other violations at any time by seeking resolution through a consent agreement or court order.