1997 Session

Budget Amendments - HB1600 (Committee Approved)

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JLARC-enforcement report recommendation (language only)

Item 408 #3h

Item 408 #3h

Natural Resources
Environmental Quality, Department of

Page 267, after line 44, insert:
"D. The Department of Environmental Quality shall submit to the Chairmen of the House Appropriations, House Conservation and Natural Resources, Senate Finance, and Senate Agriculture, Conservation, and Natural Resources Committees by October 1, 1997, a report on the Department's use of formal enforcement options including civil charges, civil penalties, referral to the Office of the Attorney General, and use of the unilateral penalty authority approved by the 1996 General Assembly.  The report shall include (1) guidance on the use of the unilateral penalty authority; (2) all cases where the unilateral penalty authority has been implemented; (3) the number and amount of civil charges or penalties assessed, categorized by environmental medium, (4) enforcement actions where no civil charges or penalties were assessed; (5) referrals to the Office of the Attorney General, categorized by environmental medium; (6) a written enforcement policy setting forth those actions to be taken in  cases where a facility or category of facilities is known to be causing serious environmental damage; (7) a memorandum of understanding developed by the Department and the Office of the Attorney General establishing criteria for the referral of cases and (8) a plan of action to address and correct current and future enforcement and inspection problem cases."

(This amendment implements a Joint Legislative Audit and Review Commission (JLARC) recommendation in its study of the Department of Environmental Quality.)