Policy on Inspecting A Facility Previously Subject to Formal Enforcement Action

February 1, 2002


Not more than three (3) years following closure of a formal enforcement action1, the program or programs within the Department responsible for bringing such action will reinspect the subject facility to assure continued compliance with environmental requirements.

Application of this policy shall be at the discretion of the program manager charged with directing inspection resources when:

  • the previous action was limited to violations fully addressed by removal, creation of or repair to a facility or structure, or the removal or installation of a piece of pollution control equipment;
  • the previous action addressed historical site contamination and cleanup, was limited to the generation or use of trading credits, or was limited to requiring the provision of potable drinking water;
  • the previous action was limited to violations of general permit requirements;
  • the previous action was limited to violations occurring solely at a private residence;
  • the previous action was directed toward an operation that no longer exists, or ownership of the facility changed following closure of the previous action; or
  • a comprehensive environmental management system was included in the previous action as part of the injunctive relief.

Statement of Purpose

By targeting past violators for routine inspection, the Department expects to significantly reduce the number of chronic or recalcitrant violators. For companies that have failed to comply in the past, this policy conveys a heightened need to remain in compliance in the future. It also reinforces within the regulated community that there are benefits to maintaining a good compliance record (i.e., less frequent inspections than companies that fail to comply). This policy in no way impairs or limits the Department’s ability to inspect a facility at any time.

1 For purposes of this policy, “closure of a formal enforcement action ” shall mean a Department determination of full compliance with the terms and conditions of an administrative order or consent order, or entry of a judgment following agency referral to the Attorney General or Chief State’s Attorney.

Enforcement Policies