ENVIRONMENTAL ENFORCEMENT Lacey Cochart Attorney Wisconsin DNR - - PowerPoint PPT Presentation

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Sep 28, 2023 18 likes •199 views

ENVIRONMENTAL ENFORCEMENT Lacey Cochart Attorney Wisconsin DNR Bureau of Legal Services The DNR is a regulatory agency w ith responsibility to ensure compliance w ith Wisconsin environmental law s. Staff are expected to address violations,

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ENVIRONMENTAL ENFORCEMENT

Lacey Cochart Attorney Wisconsin DNR Bureau of Legal Services

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The DNR is a regulatory agency w ith responsibility to ensure compliance w ith Wisconsin environmental law s. Staff are expected to address violations, in alignment w ith program priorities, through the Stepped Enforcement process.

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REGULATORY PROGRAMS

COMPLIANCE
EDUCATION
ENFORCEMENT

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COMPLIANCE

COMPLIANCE (Regulations-Licenses and Permits)

– Annual Land Application Reporting, Logs, Reports, Compliance Audits, Inspections, and Complaint Follow-ups (Permit, License, and Certification requirements in accordance with Regulations)

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EDUCATION

Certification Requirements and Continuing

Education Requirements

– Classes (appropriate for circumstance)

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protect public health &

the environment

eliminate competitive

advantage

maintain program

integrity

serve as a deterrent

ENFORCEMENT

Enforcement actions are initiated to:

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Informal Contacts Notice of Noncompliance Request for Secondary Enforcement Notice of Violation Enforcement Conference Orders Referral to DOJ/DA/EPA Prosecution / Citation

Stepped Enforcement

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ENFORCEMENT TOOLS

PROGRAM STAFF

– Compliance audits, letters – Notice of Noncompliance (NON)

ENFORCEMENT STAFF (Enforcement Specialists and Wardens)

– Notice of Violation (NOV) – Enforcement Conferences (EC) – Administrative Orders (subject to statutory authority) – Citations or Citations with Orders (subject to statutory authority) – Referral to Department of Justice

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Why do we use it ?

It works
Most violations are resolved at the NON, NOV and EC

level, which highlights the importance of timely notification and response following the detection of violations

It makes the best use of limited field, enforcement

and legal resources

Courts are strained and voluntary settlement and

mediation are strongly encouraged before trial

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