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WISCONSIN "�*' <br />'. DEPT. QF HATUflAl.PESQURCES <br />Environmental • Conference <br />An Enforcement Conference (EC) is a meeting between Department of Natural <br />Resources (Department) staff and representatives of a person or business that the <br />Department believes has violated an environmental law. The Department issues a <br />Notice of Violation (NOV) when it has reason to believe that a violation of a permit <br />condition, administrative rule or statutory requirement has occurred. The NOV either <br />offers or schedules an EC. <br />Why Should I Attend? <br />The EC is an important opportunity to discuss the Department's basis for the alleged <br />violation(s) and learn more about what happened, why it may have happened, and any <br />factors you believe the Department should consider, such as steps that have been or will <br />be taken to stop the violation, correct any effects of the violation, and prevent violations <br />from occurring in the future. It is also your opportunity to explain why you might disagree <br />with the factual and legal conclusions underlying the NOV. <br />Historic data shows that most violations are resolved at the EC level, without the need <br />for court ordered compliance and/or penalties. In situations where the significance of the <br />violation warrants further enforcement action, your cooperative efforts to resolve the <br />violation and prevent future violations will help minimize your legal and financial liability. <br />Who Should Attend the EC? <br />Department staff involved in the EC typically consists of an Environmental Enforcement <br />Specialist and regulatory staff that are familiar with the issues identified in the NOV. <br />While not required, you may seek representation by legal counsel or the assistance of <br />an environmental consultant to prepare for and/or attend the EC. The EC is most <br />productive when all involved are well-prepared to discuss the allegations and any <br />corrective actions that may be necessary. <br />To ensure a productive candid discussion, participation in the EC is limited to the person <br />or business involved and others with the legal or technical expertise necessary to <br />understand, evaluate, mitigate and correct the violation. The EC is not an open meeting <br />under state law and the Department will limit participation to those directly involved in the <br />resolution of the matter. <br />What Happens if I don't Attend the EC? <br />If a party is unable to attend the EC, they should immediately contact the Environmental <br />Enforcement Specialist at the phone number in the NOV to reschedule. When a party <br />refuses to attend the EC and provides no further information to the Department, the <br />Department's enforcement decision will be based upon available information. <br />What Happens Following the EC? <br />The EC is part of the Department's stepped enforcement process. At the EC, <br />Department staff will explain the process and options available to address the alleged <br />violation. Generally, the options range from closing the matter with no further action to <br />referral to the Wisconsin Department of Justice (DOJ) or to U.S. EPA, for further <br />enforcement action. In limited circumstances, the Department can issue citations, which <br />are handled in local court similar to traffic offenses. If a case is referred to DOJ, the DOJ <br />may initiate an action in court on behalf of the State. The State typically asks the Court <br />to impose financial penalties and order completion of any necessary corrective actions. <br />In most of the Department's cases, a cooperative return to compliance with any <br />necessary restoration results in close out of the case. At close out, the Department will <br />send a letter advising of no further enforcement action. <br />