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Enforcement Manual

Explanation of all changes made since January 1, 1999

Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
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Table of Contents, Introduction and Chapters

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Section Contents Revised Version
Table of Contents

Basic list of documents

July 2014 PDF [25 KB]
Introduction

Overview of manual contents

November 1997 PDF [7 KB]
WORD [11 KB]
Chapter 1

DEP Regulatory Enforcement Organization
Secretary, Deputy Secretary and Assistant Deputy Secretary for Regulatory Programs; Division Directors; Districts; Duties and Responsibilities of District Staff; OGC; Enforcement Section of the OGC, Other Governmental Entities

July 2013 PDF [86 KB]
Chapter 2

Compliance Options Introduction, First Steps, Specific Non-Compliance, Conclusion

September 2013 PDF [13 KB]
 
Chapter 3

Enforcement Options
Introduction, First Step Options, Options Following the Issuance of a Compliance Assistance Offer, Options Following the Issuance of a Warning Letter, Options Following the Issuance Consent Order, Options Following the Submittal of a of a Notice of Violation, Options Following the Issuance of a Final Order or a Case Report to OGC, Options Following the Entry of a Consent Final Judgment or Final Judgment

September 2013 PDF [18 KB]
 
Chapter 4

Inspections and Investigations
Determining Non-Compliance; Investigation; Preparation for an On-Site Inspection; Regulatory Inspections - Obtaining Site Access; Site Access - Statutory Authority; Site Access - Permission; Site Access Permission by Owner, Operator, or Person in Charge - Express Permission; Site Access Permission by Owner, Operator, or Person in Charge - Implied Permission; Judicial Permission for Site Access; Inspection Warrant; Litigation Seeking Site Access; Site Access During Litigation; On-Site Inspection; Violation Corrected; Documenting the Inspection (Post-Inspection Reporting); Witnesses; Previous Enforcement Actions and Permits; Pictures; Ongoing Violation; Jurisdiction, Description of Violation, and Citation of Statutes or Rules Violated; Location; Obtaining Legal Descriptions; Responsible Parties; State Corporate and Partnership Information; Operational and Maintenance Factors; Sampling and Analysis; Technical Support for Criminal Violations; Search Warrants; General Sampling and Analysis Information; Photography; Videotaped Evidence; Measurement and Mapping

January 2013 PDF [74 KB]
WORD [108 KB]
Chapter 5

The Administrative Process and Remedies
Nature of the Administrative Process, Warning Letter, The Notice of Violation, The Notice of Violation Subsections, The Orders for Corrective Action Section, The Notice of Rights Subsection, Model NOVs, The Consent Order, Short Form Consent Order, Model Consent Orders, Long Form Consent Orders, Findings of Fact and Conclusions of Law, The Ordered Section, The Notice of Rights Section, The Administrative Process, Service of the NOV, Informal Conference, Request for Hearing, Costs and Expenses Which May be Included in a Consent Order or Notice of Violation, Conditions Under Which Other Costs and Expenses May be Included or Recovered, Determination of the Costs of Those Persons Employed by the Department, Documentation of Costs, Determination of Costs for Settlements, Special Master Procedures, Mediation, Agreeing to Mediation, Mediation of Administrative Disputes, Preparation for Mediation, The Mediation Conference, The Conclusion

June
2007
PDF
[98 KB]
WORD [87 KB]
Chapter 6

The Judicial Process and Remedies
Introduction, The Decision Making Process Before Taking Judicial Action, Nature and Seriousness of the Violation, Remedies Sought, Likelihood of Responsible Party Complying with a Final Order, Issues Likely to be in Dispute, Local Judges’ Records on Environmental Cases, Review and Approval Process Before Taking Judicial Action, Available Enforcement Remedies, Injunctive Relief, Civil Penalties, Damages, Case Report, Priority Enforcement Litigation, Complaint, Petition for Enforcement, Venue, Service of Process, Motions and Answers, Discovery, Settlement, Mediation, Pre-Trial and Trial, Post-Judgment Enforcement, Appeals, Collections, Accounts, Duty to Collect, Authority to Settle, Records, Initial Efforts to Collect, Referral, OGC Collection Mechanisms, Additional Enforcement Proceedings, Setoff, Bankruptcies, Notice, Department’s Interest, Effect of Filing Bankruptcy, Department’s Response to the Filing of Bankruptcy, Parallel Proceedings, Discharge, Subsequent Actions

December 2013 PDF [108 KB]
WORD [61 KB]
Chapter 7

Litigation Procedures
Introduction, Communication with the Opposing Lawyer and Party, Public Records, Exemptions from the Public Records Act, Trade Secrets, Confidential Informants, Attorney "Work Product", Criminal Investigation Documents, Draft Documents, Subpoenas, Preparation for Hearing, Before Testifying, Day of the Hearing, When You are on the Stand

December 2004 PDF [82 KB]
WORD [37 KB]
Chapter 8

Data Management
A Summary of the Legal Case Tracking System (LCTS), Codes for Receipts Written for Money Collected from Enforcement Actions, A Summary of the Compliance and Enforcement Tracking System (COMET)

July 2014 PDF [10 KB]

Top of Page

Appendices

• Civil Penalty Policy Memos

Contents Revised Version

Settlement Guidelines for Civil Penalties - DEP Directive 923

February 2013 PDF [84 KB]
List of Hazardous Substances - Substance - Supplemental Document to Attachment III of DEP Directive 923   HTML

Guidelines for Characterizing Air Violations

June 2013 PDF [152 KB]

Guidelines for Characterizing Wastewater Violations

October
2013
PDF
[161 KB]

Guidelines for Characterizing Drinking Water Violations

October  2013 PDF
[158 KB]

Guidelines for Characterizing Drycleaner Violations

June 2013 PDF [76 KB]

Guidelines for Characterizing NPDES Stormwater Violations

October 2013 PDF
[127 KB]

Guidelines for Characterizing Storage Tank Violations

June 2013 PDF [91 KB]

Guidelines for Characterizing Hazardous Waste Violations

June 2013 PDF [168 KB]

Guidelines for Characterizing UIC Violations

Under Revision - May 2013

Guidelines for Characterizing Used Oil Violations

June 2013 PDF [152 KB]

Guidelines for Characterizing Solid Waste Violations

June 2013 PDF [480 KB]

Guidelines for Characterizing Environmental Resources Violations

August 2013 PDF [172 KB]

Certified Operator Penalty Guidance

Under Revision - May 2013

Appendices Menu | Top of Page

• Collection/Write-Off Documents

Collection Referral Template

August 2013 EXL [65KB]

Write-Off Referral Template

August 2012 EXL [47KB]

Referral Template Instructions

October 2013 PDF [62KB]

Example 1 - Past Due Notice

October 2012 WORD [120KB]

Example 2 - Past Due Notice

October 2012 WORD [120KB]

Appendices Menu | Top of Page

• Data Management Documents

Legal Case Tracking (LCT) Enforcement Case Entry Form (This is a fillable form)

April 2014 PDF [336KB]

WORD [36KB]
 

Appendices Menu | Top of Page

• Financial Documents

Financial Affidavit for Corporations

November 1997 PDF [27 KB]
WORD [36 KB]

Financial Affidavit for Individuals

November 1997 PDF [37 KB]
WORD [112kb]

Financial Affidavit for Partnerships

November 1997 PDF [27 KB]
WORD [36 KB]

Financial Affidavit for LLC - Limited Liability Company

April 2013 PDF [138 KB]
WORD [80 KB]

Appendices Menu | Top of Page

• Compliance Documents

In Compliance - Closure Letter

November 2013 WORD [18 KB]

Compliance Assistance Offer - All Sites

March 2013 WORD [20 KB]

Compliance Assistance Offer - Exceedance/Missed Monitoring/Reporting/Testing

May 2013 WORD [24 KB]

Regualtory Compliance Memorandum 11-16-2011

November 2011 PDF [380 KB]

Warning Letter

March 2013 WORD [18 KB]

Warning Letter Process Diagram

April 2013 PDF [174 KB]

Appendices Menu | Top of Page

• Model Consent Orders

Signatory Language and Certification

June 2009 PDF [177 KB]
WORD [42 KB]

Enforcement Style Guide

July 2010 PDF [72 KB]
WORD [16 KB]

DW/CO

April 2014 PDF [224 KB]
WORD [76 KB]

HW/CO

April 2014 PDF [224 KB]
WORD [65 KB]

HW/CO Model Corrective Actions

June 2009 PDF [66 KB]
WORD [89 KB]

Indigent Petroleum Cleanup CO

April 2014 PDF [215 KB]
WORD [45 KB]

Indigent Tanks CO

April 2014 PDF [217 KB]

WORD [64 KB]

IW/CO (permitted facility)

April 2014 PDF [218 KB]
WORD [63 KB]

IW/CO (unpermitted facility)

April 2014 PDF [223 KB]
WORD [67 KB]

PW/CO

April 2014 PDF [206 KB]
WORD [58 KB]

PW/CO for Disinfection By-product

April 2014 PDF [221 KB]
WORD [72 KB]

PW/CO for 4-Log

April 2014 PDF [228 KB]
WORD [79 KB]

Emergency Well CO

April 2014 PDF [208 KB]
WORD [68 KB]

SLERP/CO

April 2014 PDF [235 KB]
WORD [94 KB]

SW/CO

April 2014 PDF [219 KB]
WORD [65 KB]

SW Model Corrective Actions

June 2009 PDF [137 KB]
WORD [51 KB]

TK/CO

April 2014 PDF [222 KB]
WORD [68 KB]

Short Form Consent Order (SFCO) for Business Entities

November 2013 PDF [164 KB]
WORD [67 KB]

Short Form Consent Order (SFCO) for Individuals

November 2013 PDF [157 KB]
WORD [76 KB]

Short Form Consent Order with In-Kind Project Language (SFCO)

June 2011 revision will be posted soon

Model Inkind Paragraph Language

February 2009 WORD PDF [35KB] [16kb]

Appendices Menu | Top of Page

• Consent Order Pollution Prevention Language Attachments

Short-form Consent Order with Pollution Prevention Language

August 2011 PDF [26 KB]
WORD [38 KB]

Long-form Consent Order Pollution Prevention Paragraphs

August 2005 PDF [10 KB]
WORD [21 KB]

Pollution Prevention Project Attachment (for use with SFCO and LFCO when project is known and cost accounting is needed)

September 2011 PDF [14 KB]
WORD [31 KB]

Pollution Prevention Project Attachment (for use with LFCO when project is NOT known)

August 2005 PDF [39 KB]
WORD [39 KB]

Appendices Menu | Top of Page

• Model Documents For 62-780

Model 780 Consent Order

April 2014 PDF [138 KB]
WORD [71 KB]

Model 780 Modification to Consent Order

August 2008 PDF [35KB]
WORD [50 KB]

Hazardous Substance - Model 780 Nov

November 2013 PDF [111 KB]
WORD [59 KB]

Hazardous Substance & Pollutant - Model 780 NOV

November 2013 PDF [114KB]
WORD [56 KB]

Solid Waste Permit - Model 780 Nov

November 2013 PDF [108 KB]
WORD [56 KB]

Model Warning Letter Permitted Facilities

August 2010 PDF [66 KB]
WORD [66 KB]

Global RCBA Notice Letter

August 2011 PDF [49kb]
WORD [25kb]

Guidance Letter for Property Owners with Potential Impacts from Neighboring/Adjacent Properties

December 2009 PDF [50kb]
WORD [17kb]

Instructions for Use of Site Access Documents

February 2010 PDF [48 KB]
WORD [35 KB]

Site Access Assessment Letter

February 2010 PDF [57 KB]
WORD [28 KB]

Site Access Notice of Intent

July 2011 PDF [92 KB]
WORD [35 KB]

Site Access Assessment Final Order

February 2010 PDF [79 KB]
WORD [19 KB]

Site Access Remediation Letter

July 2011 PDF [64 KB]
WORD [27 KB]

Site Access Remediation Final Order

February 2010 PDF [79 KB]
WORD [18 KB]

WCU Request for OGC Assistance

August 2011 PDF [30 KB]
WORD [61 KB]

Appendices Menu | Top of Page

• Model Final Orders

Default Final Order

April 2011 PDF [93 KB]
WORD [36 KB]

Appendices Menu | Top of Page

• Model Orders - Miscellaneous

Model Order to Comply with Request for Information

December 2006 PDF [27 KB]
WORD [36 KB]

Appendices Menu | Top of Page

• Model Letters

Model Probation Letter

January 2010 PDF [65 KB]
WORD [30 KB]

Model Records Request Letter

December 2009 PDF [55 KB]
WORD [28 KB]

Appendices Menu | Top of Page

• Model Notice of Violation

Generic Notice of Violation - for non-ELRA NOV's

May 2014 PDF [30 KB]
WORD [41 KB]

Appendices Menu | Top of Page

• State Lands Proprietary Only

Notice of Unauthorized Structures May 2012 PDF [19 KB]
WORD [27 KB]
State Lands Proprietary Only - NOV Single Respondent (With Contractor) May 2014 PDF [112 KB]
WORD [148 KB]
State Lands Proprietary Only - NOV Single Respondent (No Contractor) May 2014 PDF [104 KB]
WORD [142 KB]
State Lands Proprietary Only - NOV Multiple Respondent (With Contractor) May 2014 PDF [114 KB]
WORD [149 KB]
State Lands Proprietary Only - NOV Multiple Respondent (No Contractor) May 2014 PDF [107 KB]
WORD [144 KB]

Appendices Menu | Top of Page

• ELRA Related Documents

ELRA Mediation Fact Sheet

March 2010 PDF [42 KB]
WORD [51 KB]

Section 403.121, F.S.

December 2004 WORD [43 KB]

ELRA Model NOV

May 2014 PDF [42 KB]
WORD [35 KB]

Appendices Menu | Top of Page

• OGC Enforcement Organization Chart

Organization Chart

April 2014 PDF [17 KB]

Appendices Menu | Top of Page

• External Referral - Standard Operating Procedures

External Referral Request Form

May 2013 WORD [23 KB]

Appendices Menu | Top of Page

• Enforcement Process

Closure Memo Template

February 2014 PDF [1 MB]

WORD

Civil Penalty Authorization
Memo – Sample 1 (the sample shall only be used for authorization of $50,000 OR LESS)

March 2014 PDF
WORD

Civil Penalty Authorization
Memo – Sample 2 (this sample MUST be used for authorization of GREATER THAN $50,000)

March 2014 PDF
WORD

Case Report - Sample

July 2014 PDF WORD

Case Report and Request for Authorization to File Suit Seeking a Temporary Injunction - Sample

June 2008 PDF WORD

Enforcement Paper Flow Chart (Word version contains active email and file links) (PDF version contains only active email links)

February 2014 PDF WORD

In-Kind Penalty Authorization

November 2007 PDF WORD

Consent Order Guidance Memorandum

April 2006 PDF

Memorandum - Finial Agency Action To Agency Clerk in Non-Secured Searchable Format

April 2010 PDF

Appendices Menu | Top of Page

• Site Access Documents

Model Affidavit and Application for Inspection Warrant

January 1999 PDF WORD

Model Inspection Warrant

November 1997 PDF WORD

Model Access Request Letter

December 2009 PDF WORD

Model Access Permission Form

November 1997 PDF WORD

Model Easement Agreement

April 2005 PDF WORD

Model License Agreement

November 1997 PDF WORD

Instructions for Use of Model Administrative Access Order

February 1999 PDF WORD

Model Administrative Access Order

May 2014 PDF WORD

Appendices Menu | Top of Page

• Restrictive Covenant/ Deed Restrictions

Institutional Controls Procedure Guidance with Sample Covenant

November 2013 PDF WORD

Appendices Menu | Top of Page

• Model Temporary Use Agreement

Temporary Use Agreement, Attachment 0-1

March 2011 WORD

Appendices Menu | Top of Page

Recently Added or Updated Documents

This is a list of Enforcement Manual documents that have been added or updated with in the last 30 Days.

 

Section Revised Version
                                                                                                                                                                          
     

 

 

Top of Page

Last updated: August 06, 2014
 

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