The Legal Division supports the regulatory divisions regarding compliance with state and federal laws. The division pursues formal enforcement cases and emergency orders and represents ADEQ in permit appeals and rulemaking. In addition, the division pursues actions in circuit court, including requests for injunctive relief and enforcement of administrative orders.
Uniform Penalty Policy
ADEQ has adopted a Uniform Penalty Policy that 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).
Civil Penalties Assessment
Civil penalties are assessed according to guidelines in APC&EC Regulation 7, Section 9.
Environmental Self-Disclosure Incentive Policy
ADEQ's Environmental Self-Disclosure Incentive Policy encourages members of the regulated community to adopt and implement environmental management systems designed to monitor and maintain compliance with state law and regulations. Regulated entities that use such a voluntary system not only contribute to more effective protection of human health and the environment but also may reduce their risk of punitive penalties for permit violations if the conditions listed in the policy are met.
Supplemental Environmental Project (SEP)
ADEQ may offer a regulated entity that is in violation of its permit or environmental laws the option of a Supplemental Environmental Project (SEP) as a partial settlement of an enforcement action. A permitted entity that performs a SEP does so in addition to any remediation necessary to clean up pollution that resulted from violations and any actions that will ensure future compliance with regulations.
A SEP should directly benefit the environment in the community where the violations occurred by preventing pollution, reducing the amount of pollutants reaching the environment, enhancing the quality of the environment, or contributing to public awareness of environmental matters.