The Enforcement Division (ENFD) is responsible for the implementation, coordination and tracking of Department of Environmental Quality (DEQ) enforcement activities, and for the investigation and response to spills and citizen complaints that allege impacts to human health and the environment. The Enforcement Division consists of the Complaints Management Section and the Case Management Bureau.
I. Complaint Management Statistics
Total number of complaint and spill reports received
during the report period were 2266
In an effort to delineate areas of regulatory responsibility for complaints received by
the department, a complaint type is assigned that generally relates to program authority
within bureaus of the department. Several new Complaint Types were added during 1998. The
Complaint Management Section of the Enforcment Division is responsible for initial
investigation of all complaints to determine their validity and to ensure proper followup
ocurrs (if needed). Spills being recorded are typically associated with unauthorized
material releases resulting from vehicle accidents, pipeline leaks, mechanical
malfunctions or human error.
Number of Complaint/Spill Reports by Type (DEQ Program or environmental media) & General Group |
|||
| Air Quality Indoors | 8 |
Solid Waste | 132 |
| Air Quality - Dust | 104 |
Junk Vehicles | 20 |
| Air Quality - Emissions | 132 |
Septic Pumpers | 5 |
| Air Quality - Odors | 113 |
Sewage | 54 |
| Air Quality - Open Burning | 109 |
Asbestos | 40 |
| TOTAL Air Quality Related 21% | 466 |
Hazardous Waste | 68 |
| Water Quality | 334 |
Used Oil | 32 |
| Spills (impacting water) | 20 |
Pesticides | 5 |
| Non-Point Source Discharges | 81 |
Municipal Waste Water Treatment Systems | 16 |
| Watershed Management (TMDL) | 2 |
Superfund | 1 |
| Release of Chemicals from Tanks | 29* |
TOTAL Waste Related 17% | 373 |
| Underground Storage Tank Regulation | 37 |
Abandoned Mines | 2 |
| Subdivisions | 29 |
Strip & Underground Mining | 2 |
| Surface Water (MPDES) Permits | 96 |
Opencut Gravel Mining | 19 |
| Ground Water (MGWPCS) Permits | 13 |
Metal Mines | 14 |
| Public Water Supply Systems | 47 |
TOTAL Mining Related 2% | 37 |
| Total Water Related 30% | 688 |
Other (Outside DEQ Authority) 4% | 101 |
| Spills (not impacting water) 26% | 601 |
TOTAL FOR ALL COMPLAINTS | 2,266 |
*Note that these are releases reported through the ENFD. The Hazardous Waste Site Cleanup Bureau received 493 leak reports directly during this time period.
Status of complaint and spill reports received during
reporting period:
Completed complaint reports are sent to the ENFD for data base entry and assignment to
ENFD staff for initial investigation. Referral occurs when the determination is made that
it falls under a specific regulatory authority either within DEQ or of an outside agency.
Referral contacts are asked to keep the ENFD informed as to progress and resolution of
complaint investigations. If the complainant requested a reply as to actions taken on
their complaint, one is provided.
STATUS OF COMPLAINT/SPILL REPORTS* |
|
| Active (under investigation by ENFD (A)) | 143 |
| Active Referred (to other DEQ program for investigation & follow up (AREF)) | 150 |
| Active Enforcement Case (complaints that led to a request for enforcement action (ER)) | 39 |
| Closed (resolved by ENFD (C)) | 849 |
| Closed by Program (resolved by other DEQ Program (CPRO)) | 568 |
| Closed No Violation (ENFD investigation determined no violation occurred (CNV)) | 224 |
| Closed Referred (referred to outside Agency for resolution (CREF)) | 220 |
| Closed Not Enough Information (not enough information was provided or documented to validate (CNEI)) | 73 |
TOTAL |
2,266 |
*Status as of 2/1/99. Please note that the status of complaints &
spills can change on a daily basis as work progresses.
II.
Case Management Statistics
The following tables provide various statistics concerning enforcement
actions taken by the Department of Environmental Quality from January 1, 1997 through
December 31, 1998.
Enforcement Actions Processed by Statute |
|||||||||
Statute |
Enforcement Requests |
|
Status of Enforcement Requests |
||||||
| . | Prior Years |
1997 |
1998 |
Total Requests |
Case Developement or Litigation |
Under Order |
Referred |
Dismissed, Vacated or Withdrawn |
Closed |
| Air Quality Act | 7 |
7 |
16 |
30 |
8 |
5 |
1 |
2 |
14 |
| Asbestos Control Act | 0 | 1 |
7 |
8 |
6 |
0 | 1 |
0 | 1 |
| Strip and Underground Mine Reclamation Act | 0 | 14 |
14 |
28 |
3 |
18 |
0 | 2 |
5 |
| Hazardous Waste Act | 2 |
2 |
7 |
11 |
3 |
5 |
0 | 1 |
2 |
| Metal Mine Reclamation Act | 3 |
6 |
4 |
13 |
1 |
3 |
0 | 0 | 9 |
| Motor Vehicle Recycling & Disposal Act | 1 |
4 |
2 |
7 |
3 |
4 |
0 | 0 | 0 |
| Opencut Mining Act | 13 |
15 |
9 |
37 |
2 |
6 |
0 | 4 |
25 |
| Public Water Supply Act | 29 |
18 |
6 |
53 |
6 |
22 |
5 |
1 |
19 |
| Solid Waste Act | 1 |
2 |
0 | 3 |
0 | 3 |
0 | 0 | 0 |
| Underground Storage Tank Act | 0 | 1 |
4 |
5 |
1 |
4 |
0 | 0 | 0 |
| Water Quality Act | 14 |
14 |
16 |
44 |
10 |
19 |
0 | 3 |
12 |
TOTAL |
70 |
84 |
85 |
239 |
43 |
89 |
7 |
13 |
87 |
Analysis of Enforcement Actions by Enforcement Action Type |
||||||
Statute |
1997-1998 Case Load |
Enforcement Action Type |
||||
| . | . | Administrative |
Civil |
Criminal |
Referred |
Dismissed, Vacated or Withdrawn |
| Air Quality Act | 30 |
18 |
9 |
0 | 1 |
2 |
| Asbestos Control Act | 8 |
1 |
6 |
0 |
1 |
0 |
| Strip and Underground Mine Reclamation Act | 28 |
28 |
0 |
0 |
0 |
0 |
| Hazardous Waste Act | 11 |
6 |
4 |
0 |
0 |
1 |
| Metal Mine Reclamation Act | 13 |
13 |
0 |
0 |
0 |
0 |
| Motor Vehicle Recycling & Disposal Act | 7 |
1 |
6 |
0 |
0 |
0 |
| Opencut Mining Act | 37 |
33 |
0 |
0 |
0 |
4 |
| Public Water Supply Act | 53 |
38 |
9 |
0 |
5 |
1 |
| Solid Waste Act | 3 |
2 |
1 |
0 |
0 |
0 |
| Underground Storage Tank Act | 5 |
4 |
1 |
0 |
0 |
0 |
| Water Quality Act | 44 |
33 |
7 |
1* |
1 |
2 |
TOTAL |
239 |
177 |
43 |
1 |
8 |
10 |
* The criminal action was initiated by a county attorney upon the request of the department.
Amount of Penalties Assessed (in dollars) 1997-1998 |
|||||||
Statute |
0rders with Penalties 1997-1998 |
Monetary Penalties Assessed |
Monetary Penalties Collected |
Penalites Suspended |
Supplemental Environmental Project |
||
| . | . | Admin. |
Civil |
Admin. |
Civil |
. | . |
| Air Quality Act | 22 |
$245,233 |
$270,000 |
$134,585 |
$245,362 |
0 |
$102,342 |
| Hazardous Waste Act | 8 |
$32,400 |
$20,700 |
$7,500 |
$1,200 |
0 |
0 |
| Metal Mine Reclamation Act | 10 |
$13,150 |
0 |
$13,050 |
0 |
0 |
0 |
| Motor Vehicle Recycling & Disposal Act | 3 |
0 |
$256,500 |
0 |
0 |
0 |
0 |
| Opencut Mining Act | 29 |
$15,650 |
0 |
$12,900 |
0 |
0 |
0 |
| Public Water Supply Act | 28 |
$35,675 |
$15,000 |
$19,361 |
$15,000 |
$2,970 |
0 |
| Solid Waste Act | 2 |
$534,380 |
0 |
$3,180 |
0 |
0 |
0 |
| Strip and Underground Mine Reclamation Act | 21 |
0 |
$490,250 |
0 |
$23,250 |
0 |
0 |
| Water Quality Act | 9 |
$27,500 |
$68,150 |
0 |
0 |
0 |
$543,600 |
Subtotal* |
. | $903,988 |
$1,120,600 |
$190,576 |
$284,812 |
. | . |
TOTAL |
132 |
$2,024,588 |
$475,388 |
$2,970 |
$645,942 |
||
*The amount of Penalties Collected does not equal the Penalties Assessed because (1) penalties were not due before the end of 1998, (2) penalties are being paid under a payment schedule, (3) portions of penalties have been suspended, (4) the violator has failed to pay the penalty, (5) the violator has appealed the penalty order, or (6) the violator is or may be insolvent. In instances where the violator has not paid a penalty that is owed, the department is actively pursuing collection. * The amount of Penalties Collected does not equal the Penalties Assessed because (1) penalties were not due before the end of 1998, (2) penalties are being paid under a payment schedule, (3) portions of penalties have been suspended, (4) the violator has failed to pay the penalty, (5) the violator has appealed the penalty order, or (6) the violator is or may be insolvent. In instances where the violator has not paid a penalty that is owed, the department is actively pursuing collection.