ADEQ Uniform Penalty Policy

ADEQ Director's Office

The Arkansas Department of Environmental Quality (ADEQ) has adopted a Uniform Penalty Policy. This Uniform Penalty Policy provides a rational, objective and consistent method for determining the appropriate amount of administrative civil penalties ADEQ will propose in formal enforcement actions brought before the Arkansas Pollution Control and Ecology Commission (APC&EC). APC&EC Regulation No. 7, Section 9 details 10 factors that are to be considered in determining the civil penalty amounts to be assessed. In addition, Regulation 7, Section 9 allows ADEQ to “develop and utilize formulas for the calculation of penalties for specific offenses, in an effort to uniformly assign penalty amounts where practicable.” This Uniform Penalty Policy complies with the requirements of Regulation 7 for calculating civil penalties proposed in Notices of Violation (NOV). The Uniform Penalty Policy will become effective on March 1, 2012 and will be utilized for Notices of Violation prepared after that date.

Documents

For Additional Information Contact

Ryan Benefield
Email:benefield@adeq.state.ar.us