Environment 2000
Connecticut's Environmental Plan 1992-1997


Enforcement

GOAL:
Protect public health and the environment through strict enforcement of environmental laws.

OBJECTIVE:
Assure compliance with environmental laws.

STATUS & TRENDS:
Numerous federal, State and local laws pertaining to pollution control and resource management have been adopted over the years without providing the necessary resources to fully enforce them by the Department of Environmental Protection. Administrative and legal procedures to carry out enforcement actions are often complex, cumbersome and time consuming. To use limited enforcement resources most efficiently, enforcement policies and procedures must result in enforcement actions which can deter or with stand challenge to the greatest extent possible and be consistent throughout the Department. Consent orders and lawsuits are increasingly including a strong penalty component in addition to seeking compliance or cleanup. However, the administrative civil penalty program has not been updated to address all programs or to include punitive amounts in addition to the amount a violator saves by not complying with environmental laws.

STRATEGIES:

  1. Provide adequate levels of state resources including money, staff and equipment for enforcement.
  2. Define the role of federal, State and local enforcement and private citizen suit authority.
  3. Improve coordinated efforts and reporting among the attorney general, state's attorney and enforcement agencies and improve inter/intra-departmental efforts.
  4. Provide continuous and updated enforcement training and develop enforcement manuals for DEP staff.
  5. Improve the existing environmental administrative civil penalties system.
  6. Assess punitive penalties and civil penalties for violations of environmental laws where warranted by the behavior of the violator.
  7. Encourage innovated settlements whereby violators are encouraged to reinvest and pursue environmental enhancement projects in lieu of civil penalties.
  8. Improve awareness and understanding in the regulated community concerning environmental laws.
  9. Implement the rules of practice of the Department of Environmental Protection to increase efficiency and fairness, and reduce delay.
  10. Establish Agency-wide enforcement policies and procedures for the Department of Environmental Protection staff.
  11. Assess rate of compliance with Department of Environmental Protection orders and consent orders and investigate methods of reducing non-compliance.
  12. Take enforcement actions against facilities operating without required permits.
  13. Develop and use the most efficient means for achieving compliance or clean-up including alternatives to formal enforcement actions.
  14. Test a program whereby compliance status can be verified by an impartial and qualified professional.
  15. Develop a Department-wide data base for all permitted facilities in Connecticut, to include toxics release inventory information, permit status, enforcement history and pending permits.

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