The policy is designed to provide for swift resolution of Noxious Weed problems and to deter future violations of the LAW by the respondent as well as other members of the regulated community. This policy supersedes the previous Noxious Weed Law Guidelines dated May 1982.
Voluntary compliance is the preferred enforcement remedy for most violations.
Once the documentation of a violation is complete, the appropriate level of action called for by the severity of the violation needs to be selected. A written warning for a violation of the LAW should be issued to a landowner or person who possesses or has use of the land prior to the assessment of a civil penalty. The Department has the authority to respond to certain violations of the LAW with a Notice of Warning to the violator. The Department may choose to issue a Notice of Warning in lieu of a civil penalty if it determines that the violation occurred despite the exercise of due care or the violation did not cause significant harm to the environment. The Department may issue a written Notice of Warning in lieu of instituting a proceeding for minor violations of the LAW if the Secretary believes that the public interest will be adequately served through this course of action.