Basic list of documents

Overview of manual contents

DEP Enforcement Organization
Secretary's Office, Division Directors, Division of Law Enforcement, Districts, Duties and Responsibilities of District Staff; Enforcement Section of the Office of General Counsel, Compliance Assurance and Enforcement Committee, Local Programs

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

Enforcement Options
Introduction, First Step Options, Options Following the Issuance of a Non-Compliance Letter, 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; Identification and Referral of Potential Criminal Cases

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

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

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

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

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)

Settlement Guidelines for Civil Penalties - DEP Directive 923

Guidelines for Characterizing Air Violations

Guidelines for Characterizing Wastewater Violations

Guidelines for Characterizing Drinking Water Violations (**Maximize screen or use FULL SCREEN for optimum viewing)

Guidelines for Characterizing Drycleaner Solvent Containment Violations

Guidelines for Characterizing NPDES Stormwater Violations

Guidelines for Characterizing Storage Tank Violations (**Maximize screen or use FULL SCREEN for optimum viewing)

Guidelines for Characterizing RCRA Violations (**Maximize screen or use FULL SCREEN for optimum viewing)

Hazardous Waste Potential for Harm Ranking System

Guidelines for Characterizing UIC Violations

Guidelines for Characterizing Used Oil Violations

Guidelines for Characterizing Solid Waste Violations

Guidelines for Characterizing Environmental Resources Violations

Protocol Summary Document - REVISION IN PROGRESS

Collection Referral Template

Write-Off Referral Template

Referral Template Instructions

Example 1 - Past Due Notice

Example 2 - Past Due Notice

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

WORD [29KB]
 

Financial Affidavit for Corporations

Financial Affidavit for Individuals

Financial Affidavit for Partnerships

Financial Affidavit for LLC - Limited Liability Company

Pollution Prevention in Enforcement Settlements - DEP Directive 921

Violations on DEP Managed Lands - DEP Directive 920

In Compliance - Closure Letter

Compliance Assistance Offer - All Sites

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

Regualtory Compliance Memorandum 11-16-2011

Warning Letter

Warning Letter Process Diagram

Signatory Language and Certification

Enforcement Style Guide

DW/CO

HW/CO

HW/CO Model Corrective Actions

Indigent Petroleum Cleanup CO

Indigent Tanks CO

IW/CO (permitted facility)

IW/CO (unpermitted facility)

PW/CO

PW/CO for Disinfection By-product

PW/CO for 4-Log

SLERP/CO

SW/CO

SW Model Corrective Actions

TK/CO

Short Form Consent Order (SFCO) for Business Entities

Short Form Consent Order (SFCO) for Individuals

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

Model Inkind Paragraph Language

Short-form Consent Order with Pollution Prevention Language

Long-form Consent Order Pollution Prevention Paragraphs

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

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

Model 780 Consent Order

Model 780 Modification to Consent Order

Hazardous Substance - Model 780 Nov

Hazardous Substance & Pollutant - Model 780 NOV

Solid Waste Permit - Model 780 Nov

Model Warning Letter Permitted Facilities

Global RCBA Notice Letter

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

Instructions for Use of Site Access Documents

Site Access Assessment Letter

Site Access Notice of Intent

Site Access Assessment Final Order

Site Access Remediation Letter

Site Access Remediation Final Order

WCU Request for OGC Assistance

Default Final Order

Model Order to Comply with Request for Information

Model Probation Letter

Model Records Request Letter

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

ELRA Mediation Fact Sheet

Case Report - Opting out of Nov

Legislation House Bill 1635 - Administrative Penalties

Section 403.121, F.S.

ELRA Model NOV

Organization Chart

External Referral Request Form

Closure Memo Template

WORD

Civil Penalty Authorization
Memo - Sample

Case Report - Sample

Case Report to Enforce Request for Information Final Order - Sample

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

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

In-Kind Penalty Authorization

Case Report - Tanks Sample

Consent Order Guidance Memorandum

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

Model Affidavit and Application for Inspection Warrant

Model Inspection Warrant

Model Access Request Letter

Model Access Permission Form

Model Easement Agreement

Model License Agreement

Instructions for Use of Model Administrative Access Order

Model Administrative Access Order

Institutional Controls Procedure Guidance with Sample Covenant

Temporary Use Agreement, Attachment 0-1