The Enforcement and Compliance Process Understanding MDE's air, water and waste enforcement and compliance processes can be difficult. Each of the programs was established separately, with the same terms being used in legislation to mean different things for different programs. Many programs also have federal rules and regulations that they must implement. Also, the same company or type of facility may fall under the jurisdiction of several different environmental enforcement programs at the federal, state or local level. However, most enforcement programs do share things in common.
Most programs have an inspection and evaluation component.
If an inspection reveals a violation, many programs have a discretionary component that allows a company to fix a minor problem without the risk of a fine, civil or criminal action. If an inspection reveals a significant violation, or if a minor problem indicates a pattern of non-compliance, more serious action is warranted. This action may take the form of fines, shutdowns, and in some cases, criminal sanctions. The use of a particular penalty is intended to reflect the severity of a violation. In addition to the required information, this report also includes data about the Department's enforcement activity at facilities, which do not necessarily require a permit to operate, but which are subject to regulation under the Environment Article.