Enforcement
DEP Solid Waste staff conducts compliance inspections of licensed facilities on a routine basis. Inspectors also conduct inspections of licensed facilities if there is any indication of an increased risk of impact to public health or the environment based on staff reviews of on-going monitoring data as well as citizen complaints. DEP Solid Waste staff also investigates complaints of illegal dumping of solid waste such as construction & demolition debris (litter complaints are handled by local law enforcement).
During an inspection of a licensed facility, the inspector begins with a brief meeting with company staff to review the inspection process and to DEP learn any new or changed background information about the facility and its operations. The inspector may inspect the entire facility, or just a particular facet of the facility’s operations. At the conclusion of the inspection, staff will discuss with facility personnel any compliance and/or operational problems noted, any additional information that the DEP may need, and any actions the company should take to return to compliance. DEP will send the facility a written report that documents staff observations, any violations noted, and any required or recommended follow-up actions for the facility operator.
The purpose of the Department’s compliance inspections is to identify violations, to gain compliance, and to create a written record to serve as the basis for enforcement action. When a DEP Compliance Inspector observes a violation, that inspector will note the violation and notify the responsible party. Depending on the nature of the violation, the potential risk to public health and the environment, and the responsible party’s compliance history, the DEP will follow up violations in one of several ways.
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 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 continues to comply 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 actions at any time by seeking resolution through a consent agreement or court order.
