The Enforcement Section and Compliance/ Investigations Section work
jointly to appropriately and effectively track and process a case from
beginning to end. The Enforcement Coordinator meets on a weekly basis
with the Compliance/Investigations Section. During this meeting, staff
reviews problem cases, monitors progress on existing cases and ensures
adherence to the established guidelines and procedures. If a case
requires immediate attention, it can immediately be referred for further
enforcement action. Administrative or Legal enforcement action may be
initiated at any point in the process.
The choice of enforcement action, whether
administrative, civil or
criminal will depend on the characteristics
of the violation and the
compliance history of the violator.
Wetlands compliance/enforcement activities are implemented with the
foremost objective of correcting violations of
Chapter 1-11 of the
Rules. Restoration of the wetland to its original condition is the
Division’s ultimate goal. Violations which cannot be resolved through
standard warning notice negotiations are transferred to the Enforcement
Section. Enforcement activities are implemented according to a weighing
of a combination of the level of environmental harm, the violator’s
prior history of environmental violations, and level of cooperation
throughout the warning notice stage by the violator. This process allows
the Division to select the most appropriate level of enforcement after a
careful analysis of the particular circumstances of each case.
Administrative enforcement is initiated through issuance of a
document outlining the laws violated and the specific steps required to
correct the environmental damage caused to the wetland. The violator is
given a reasonable timeframe in which to respond to the document. A
Consent Order or Settlement Letter are two examples of documents used to
amicably settle all aspects of a violation. Such a document includes
mutually acceptable corrective actions, reimbursement of the Commission’s
costs of investigating the case, and a negotiated penalty.