Enforcement Manual

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Explanation of Changes
Tables of Contents, Introduction and Chapters
Appendices
Recently Added or Updated Documents
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Explanation of all changes made since Jan. 1, 1999

Year	1999	2000	2001	2002	2003	2004
Document	PDF [11 KB]	PDF [5 KB]	WORD [20 KB]	WORD [19 KB]	WORD [19 KB]	WORD [20 KB]

Year	2005	2006	2007	2008	2009	2010
Document	WORD [24 KB]	PDF [14 KB] WORD [23 KB]	PDF [26 KB] WORD [37 KB]	PDF [15 KB] WORD [34 KB]	PDF [17 KB] WORD [33 KB]	PDF [15 KB] WORD [33 KB]

Year	2011	2012	2013	2014	2015	2016
Document	PDF [24 KB] WORD [28 KB]	PDF [7 KB]	PDF [15 KB]	PDF [12 KB]	PDF [15 KB]	PDF [15 KB]

Year	2017	2018	2019	2020	2021	2022
Document	WORD [20 KB]	WORD [20 KB]	WORD [20 KB]

Table of Contents, Introduction and Chapters

Section	Contents	Revised	Version
Table of Contents	Basic list of documents	October 2017	WORD [46 KB]
Introduction	Overview of manual contents	November 1997	PDF [7 KB]
Chapter 1	DEP Regulatory Enforcement Organization Secretary, Deputy Secretary and Assistant Deputy Secretary for Regulatory Programs; Division Directors; Districts; Duties and Responsibilities of District Staff; OGC; Enforcement Section of the OGC, Other Governmental Entities	October 2017	PDF [86 KB]
Chapter 2	Compliance Options Introduction; First Steps; Specific Non-Compliance; Conclusion	September 2013	PDF [13 KB]
Chapter 3	Enforcement Options Introduction; First Step Options; Options Following the Issuance of a Compliance Assistance Offer; Options Following the Issuance of a Warning Letter; Options Following the Issuance Consent Order; Options Following the Submittal of a of a Notice of Violation; Options Following the Issuance of a Final Order or a Case Report to OGC; Options Following the Entry of a Consent Final Judgment or Final Judgment	November 2015	PDF [63 KB]
Chapter 4	Inspections and Investigations Determining Non-Compliance; Investigation; Preparation for an On-Site Inspection; Regulatory Inspections - Obtaining Site Access; Site Access - Statutory Authority; Site Access - Permission; Site Access Permission by Owner, Operator or Person in Charge - Express Permission; Site Access Permission by Owner, Operator or Person in Charge - Implied Permission; Judicial Permission for Site Access; Inspection Warrant; Litigation Seeking Site Access; Site Access During Litigation; On-Site Inspection; Violation Corrected; Documenting the Inspection (Post-Inspection Reporting); Witnesses; Previous Enforcement Actions and Permits; Pictures; Ongoing Violation; Jurisdiction, Description of Violation, and Citation of Statutes or Rules Violated; Location; Obtaining Legal Descriptions; Responsible Parties; State Corporate and Partnership Information; Operational and Maintenance Factors; Sampling and Analysis; Technical Support for Criminal Violations; Search Warrants; General Sampling and Analysis Information; Photography; Videotaped Evidence; Measurement and Mapping	January 2013	PDF [74 KB] WORD [108 KB]
Chapter 5	The Administrative Process and Remedies Nature of the Administrative Process; Warning Letter; The Notice of Violation; The Notice of Violation Subsections; The Orders for Corrective Action Section; The Notice of Rights Subsection; Model NOVs; The Consent Order; Short Form Consent Order; Model Consent Orders; Long Form Consent Orders; Findings of Fact and Conclusions of Law; The Ordered Section; The Notice of Rights Section; The Administrative Process; Service of the NOV; Informal Conference; Request for Hearing; Costs and Expenses Which May Be Included in a Consent Order or Notice of Violation; Conditions Under Which Other Costs and Expenses May Be Included or Recovered; Determination of the Costs of Those Persons Employed by the Department; Documentation of Costs; Determination of Costs for Settlements; Special Master Procedures; Mediation; Agreeing to Mediation; Mediation of Administrative Disputes; Preparation for Mediation; The Mediation Conference; The Conclusion	October 2014	PDF [98 KB] WORD [87 KB]
Chapter 6	The Judicial Process and Remedies Introduction; The Decision-Making Process Before Taking Judicial Action; Nature and Seriousness of the Violation; Remedies Sought; Likelihood of Responsible Party Complying with a Final Order; Issues Likely to be in Dispute; Local Judges’ Records on Environmental Cases; Review and Approval Process Before Taking Judicial Action; Available Enforcement Remedies; Injunctive Relief; Civil Penalties; Damages; Case Report; Priority Enforcement Litigation; Complaint; Petition for Enforcement; Venue; Service of Process; Motions and Answers; Discovery; Settlement; Mediation; Pre-Trial and Trial; Post-Judgment Enforcement; Appeals; Collections; Accounts; Duty to Collect; Authority to Settle; Records; Initial Efforts to Collect; Referral; OGC Collection Mechanisms; Additional Enforcement Proceedings; Setoff; Bankruptcies; Notice; Department’s Interest; Effect of Filing Bankruptcy; Department’s Response to the Filing of Bankruptcy; Parallel Proceedings; Discharge; Subsequent Actions	October 2014	PDF [108 KB] WORD [61 KB]
Chapter 7	Litigation Procedures Introduction; Communication with the Opposing Lawyer and Party; Public Records; Exemptions from the Public Records Act; Trade Secrets; Confidential Informants; Attorney "Work Product"; Criminal Investigation Documents; Draft Documents; Subpoenas; Preparation for Hearing; Before Testifying; Day of the Hearing; When You Are On the Stand	December 2004	PDF [82 KB] WORD [37 KB]
Chapter 8	Data Management A Summary of the Legal Case Tracking System (LCTS); Codes for Receipts Written for Money Collected from Enforcement Actions; A Summary of the Compliance and Enforcement Tracking System (COMET)	September 2016	PDF [21 KB]

Appendices

Civil Penalty Policy Memos
Collection/Write-Off Documents
Data Management Documents
Financial Documents
Compliance Documents
Model Consent Orders
Consent Order Pollution Prevention Language Attachments
Voluntary Cleanup Agreement
Model Documents for 62-780
Office of Emergency Response Documents
Model Final Orders
Model Orders - Miscellaneous
Model Letters
Model Notice of Violation
State Lands Proprietary Only - Notices of Violation
Coral Reef Protection Act Documents
ELRA Related Documents
OGC Enforcement Organization Chart
External Referral - Standard Operating Procedures
Enforcement Process
Site Access Documents
Restrictive Covenant/Deed Restrictions
Model Temporary Use Agreement

Civil Penalty Policy Memos

Content	Revised	Version
Settlement Guidelines for Civil Penalties - DEP Directive 923	February 2013	PDF [84 KB]
List of Hazardous Substances - Substance - Supplemental Document to Attachment III of DEP Directive 923		HTML
Guidelines for Deputy Secretary Approval of Economic Benefit	May 2017	PDF [76 KB]
Guidelines for Characterizing Air Violations with Penalty Spreadsheet	May 2015	PDF [152 KB] EXL
Guidelines for Characterizing Wastewater Violations	October 2013	PDF [161 KB]
Guidelines for Characterizing Drinking Water Violations	October 2013	PDF [158 KB]
Guidelines for Characterizing Dry Cleaner Violations	June 2013	PDF [76 KB]
Guidelines for Characterizing NPDES Stormwater Violations	October 2013	PDF [127 KB]
Guidelines for Characterizing Storage Tank Violations	June 2013	PDF [91 KB]
Guidelines for Characterizing Hazardous Waste Violations	June 2013	PDF [168 KB]
Specific Compliance Assistance Guidelines For RCRA/Hazardous Waste	August 2014	PDF [168 KB]
Guidelines for Characterizing UIC Violations	November 2015	PDF [206 KB]
Guidelines for Characterizing Used Oil Violations	June 2013	PDF [152 KB]
Guidelines for Characterizing Solid Waste Violations	June 2013	PDF [480 KB]
Guidelines for Characterizing Environmental Resources Violations	August 2013	PDF [172 KB]
Certified Operator Penalty Guidance	Under Revision - May 2013
Guidelines for Handling State Lands Violations	February 2015	PDF [2 MB]
Guidelines for Characterizing Sanitary Sewage Overflow Violations	May 2019	WORD [19 KB]

Appendices Menu

Collection/Write-Off Documents

Content	Revised	Version
Collection Referral Template	August 2013	EXL [65 KB]
Write-Off Referral Template	August 2012	EXL [47KB]
Referral Template Instructions	February 2019	PDF [62 KB]
Example 1 - Past Due Notice	October 2012	WORD [120 KB]
Example 2 - Past Due Notice	October 2012	WORD [120 KB]

Appendices Menu

Data Management Documents

Content	Revised	Version
Legal Case Tracking (LCT) Enforcement Case Entry Form (This is a fillable form)	October 2017	PDF WORD

Content

Revised

Version

Legal Case Tracking (LCT) Enforcement Case Entry Form (This is a fillable form)

October 2017

PDF

WORD

Appendices Menu

Financial Documents

Content	Revised	Version
Financial Affidavit for Corporations	November 1997	PDF [27 KB]
Financial Affidavit for Individuals and Sole Proprietors	May 2015	WORD [160 KB]
Financial Affidavit for Partnerships	November 1997	PDF [27 KB]]
Financial Affidavit for LLC - Limited Liability Company	April 2013	PDF [138 KB] WORD [80 KB]

Appendices Menu

Compliance Documents

Content		Revised	Version
In Compliance - Closure Letter		November 2013	WORD [18 KB]
Compliance Assistance Offer - All Sites		March 2016	WORD [20 KB]
Regulatory Compliance Memorandum 11-16-2011		November 2011	PDF [380 KB]
Warning Letter		January 2016	WORD [25 KB]
Compliance Assistance and Enforcement Process Flowchart		May 2016	PDF [171 KB]
Limitations on Use of CAOs		May 2019	PDF [173 KB]
Sanitary Sewage Overflow Documents	SSO Memo to File	May 2019	WORD [151 KB]
	SSO CAO	May 2019	WORD [151 KB]
	SSO Warning Letter	May 2019	WORD [151 KB]
	SSO Warning Letter for Failure to Respond to CAO	May 2019	WORD [151 KB]
	SSO Warning Letter for Facility with Existing Consent Order	May 2019	WORD [151 KB]

Appendices Menu

Model Consent Orders

Content	Revised	Version
Signatory Language and Certification	February 2016	WORD [41 KB]
Enforcement Style Guide	July 2010	PDF [72 KB] WORD [16 KB]
DW/CO	April 2019	WORD [72 KB]
HW/CO	April 2019	WORD [63 KB]
HW/CO Model Corrective Actions	June 2009	PDF [66 KB] WORD [89 KB]
Indigent Petroleum Cleanup CO	April 2019	WORD [48 KB]
Indigent Tanks CO	April 2019	WORD [67 KB]
IW/CO (permitted facility)	April 2019	WORD [61 KB]
IW/CO (unpermitted facility)	April 2019	WORD [66 KB]
PW/CO	April 2019	WORD [55 KB]
PW/CO for Disinfection Byproduct	April 2019	WORD [70 KB]
PW/CO for 4-Log	April 2019	WORD [76 KB]
Emergency Well CO	April 2019	WORD [65 KB]
SLERP/CO	April 2019	WORD [90 KB]
SLERP/CO with TUA Incorporated	April 2019	WORD [32 KB]
SW/CO	April 2019	WORD [62 KB]
SW Model Corrective Actions	June 2009	PDF [137 KB] WORD [51 KB]
TK/CO	April 2019	WORD [65 KB]
Short-Form Consent Order (SFCO) for Business Entities	April 2019	WORD [76 KB]
Short-Form Consent Order (SFCO) for Individuals	April 2019	WORD [74 KB]
Short-Form Consent Order with Pollution Prevention Language	April 2016	WORD
Model In-Kind Paragraph Language	February 2019	WORD

Appendices Menu

Consent Order Model Pollution Language Attachments

Content	Revised	Version
Pollution Prevention in Enforcement Process Memo	December 2014	PDF [26 KB] WORD [38 KB]
Short-Form Consent Order with Pollution Prevention Language	April 2016	WORD [79 KB]
Pollution Prevention Project Summary – SFCO Exhibit	December 2014	WORD [74 KB]
Long-Form Consent Order Pollution Prevention Paragraphs	December 2014	PDF [10 KB] WORD [21 KB]
Pollution Prevention Project Plan LFCO Exhibit	December 2014	WORD [76 KB]
Pollution Prevention Project Final Report	December 2014	WORD [32 KB]

Appendices Menu

Voluntary Cleanup Agreement

Content	Revised	Version
Model Voluntary Cleanup Agreement (VCA) - drycleaning solvent contaminated sites	September 2014	PDF [26 KB] WORD [38 KB]

Appendices Menu

Model Documents for 62-780

Content	Revised	Version
Model 780 Consent Order	April 2019	WORD [69 KB]
Model 780 Consent Order – Indigent Cleanup	April 2019	WORD [73 KB]
Model 780 Modification to Consent Order	August 2008	PDF [35 KB] WORD [50 KB]
Hazardous Substance - Model 780 NOV	April 2019	WORD [55 KB]
Hazardous Substance & Pollutant - Model 780 NOV	April 2019	WORD [62 KB]
Solid Waste Permit - Model 780 NOV	April 2019	WORD [55 KB]
Model Warning Letter Permitted Facilities	August 2010	PDF [66 KB] WORD [66 KB]
Global RCBA Notice Letter	August 2011	PDF [49 KB] WORD [25 KB]
Guidance Letter for Property Owners with Potential Impacts from Neighboring/Adjacent Properties	December 2009	PDF [50 KB] WORD [17 KB]
Instructions for Use of Site Access Documents	December 2018	PDF [48 KB] WORD [35 KB]
Site Access Assessment Letter	February 2010	PDF [57 KB] WORD [28 KB]
Site Access Notice of Intent	July 2011	PDF [92 KB] WORD [35 KB]
Site Access Assessment Final Order	February 2010	PDF [79 KB] WORD [19 KB]
Site Access Remediation Letter	July 2011	PDF [64 KB] WORD [27 KB]
Site Access Remediation Final Order	February 2010	PDF [79 KB] WORD [18 KB]
WCU Request for OGC Assistance	December 2016	WORD [61 KB]
LCT Case Entry Form – Waste Cleanup PRP Analysis and NOV Questionnaire	February 2015	WORD [42 KB]
Procedure for Ability to Pay – Cleanup Costs Only	July 2015	WORD [22 KB]

Appendices Menu

Office of Emergency Response Documents

Content	Revised	Version
OER Compliance Assistance Offer Letter	March 2017	Word [30KB]
OER Model Access Permission Template	March 2017	Word [37KB]
OER Model ESR Insufficient Letter	March 2017	Word [27KB]
OER NFA Emergency Source Removal Report	March 2017	Word [152KB]
OER NFA Interim Source Removal Report	March 2017	Word [151KB]

Appendices Menu

Model Final Orders

Content	Revised	Version
Default Final Order	April 2011	PDF [93 KB] WORD [36 KB]

Appendices Menu

Model Orders - Miscellaneous

Content	Revised	Version
Model Order to Comply with Request for Information	December 2006	PDF [27 KB] WORD [36 KB]

Appendices Menu

Model Letters

Content	Revised	Version
Model Probation Letter	January 2010	PDF [65 KB] WORD [30 KB]
Model Records Request Letter	December 2009	PDF [55 KB] WORD [28 KB]

Appendices Menu

Model Notice of Violation

Content	Revised	Version
Generic Notice of Violation - for non-ELRA NOVs	April 2019	WORD [26 KB]
Model non-ELRA NOV for Tank Placard Revocation	July 2019	WORD [28 KB]

Appendices Menu

State Lands Proprietary Only

Content	Revised	Version
Notice of Unauthorized Structures	May 2012	PDF [19 KB] WORD [27 KB]
State Lands Proprietary Only - NOV Single Respondent (With Contractor)	May 2014	PDF [112 KB] WORD [148 KB]
State Lands Proprietary Only - NOV Single Respondent (No Contractor)	May 2014	PDF [104 KB] WORD [142 KB]
State Lands Proprietary Only - NOV Multiple Respondent (With Contractor)	May 2014	PDF [114 KB] WORD [149 KB]
State Lands Proprietary Only - NOV Multiple Respondent (No Contractor)	May 2014	PDF [107 KB] WORD [144 KB]

Appendices Menu

Coral Reef Protection Act Documents

Content	Revised	Version
Guidelines for Pursuing Coral Reef Protection Act Cases	October 2014	PDF [42 KB]
Civil Penalty Authorization – Coral Reef Protection	October 2017	WORD [32 KB]
Damages Authorization – Coral Reef Protection	October 2017	WORD [22 KB]
Coral Reef Resource Injury Definitions	April 2019	PDF [8.52 MB]

Appendices Menu

ELRA Related Documents

Content	Revised	Version
ELRA Mediation Fact Sheet	March 2010	PDF [42 KB] WORD [51 KB]
Section 403.121, F.S.	December 2004	WORD [43 KB]
ELRA Model NOV	April 2019	WORD [29 KB]

Content

Revised

Version

ELRA Mediation Fact Sheet

March 2010

PDF [42 KB]
WORD [51 KB]

Section 403.121, F.S.

December 2004

WORD [43 KB]

ELRA Model NOV

April 2019

WORD [29 KB]

Appendices Menu

OGC Enforcement Organization Chart

Content	Revised	Version
Organization Chart	February 2019	WORD

Appendices Menu

External Referral - Standard Operating Procedures

Content	Revised	Version
External Referral Request Form	May 2013	WORD [23 KB]

Appendices Menu

Enforcement Process

Content	Revised	Version
Closure Memo Template	October 2018	WORD
Civil Penalty Authorization Memo - Sample 1 (This sample shall be used only for authorization of $50,000 OR LESS)	October 2017	WORD
Civil Penalty Authorization Memo - Sample 2 (This sample MUST be used for authorizations of GREATER THAN $50,000)	October 2017	WORD
Case Report - Sample	April 2019	WORD
Case Report and Request for Authorization to File Suit Seeking a Temporary Injunction - Sample	December 2015	PDF WORD
Enforcement Paper Flow Chart (contains active email and file links)	May 2019	WORD
In-Kind Penalty Authorization	October 2017	WORD
Memorandum - Final Agency Action to Agency Clerk in Non-Secured Searchable Format	April 2010	PDF
Corrective Actions Requirement Tracking	December 2017	WORD

Appendices Menu

Site Access Documents

Content	Revised	Version
Model Affidavit and Application for Inspection Warrant	July 2019	WORD
Model Inspection Warrant	November 1997	PDF
Model Access Request Letter	December 2009	PDF WORD
Model Access Permission Form	November 1997	PDF
Model Easement Agreement	April 2005	PDF WORD
Model License Agreement	November 1997	PDF
Instructions for Use of Model Administrative Access Order	December 2018	PDF WORD
Model Administrative Access Order	May 2014	PDF WORD

Appendices Menu

Restrictive Covenant/Deed Restrictions

Content	Revised	Version
Institutional Controls Procedure Guidance		https://floridadep.gov/waste/waste/content/institutional-controls-procedures-guidance

Appendices Menu

Model Temporary Use Agreement

Content	Revised	Version
Temporary Use Agreement, Attachment 0-1	March 2011	WORD

Appendices Menu

Recently Added or Updated Documents

This is a list of Enforcement Manual documents that have been added or updated within the past 30 days.

Section	Revised	Version
Model Affidavit and Application for Inspection Warrant	08/02/2019	WORD

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Last Modified:

August 2, 2019 - 9:11am

Enforcement Manual

Office of General Counsel Quick Links

Explanation of all changes made since Jan. 1, 1999

Table of Contents, Introduction and Chapters

Appendices

Civil Penalty Policy Memos

Collection/Write-Off Documents

Data Management Documents

Financial Documents

Compliance Documents

Model Consent Orders

Consent Order Model Pollution Language Attachments

Voluntary Cleanup Agreement

Model Documents for 62-780

Office of Emergency Response Documents

Model Final Orders

Model Orders - Miscellaneous

Model Letters

Model Notice of Violation

State Lands Proprietary Only

Coral Reef Protection Act Documents

ELRA Related Documents

OGC Enforcement Organization Chart

External Referral - Standard Operating Procedures

Enforcement Process

Site Access Documents

Restrictive Covenant/Deed Restrictions

Model Temporary Use Agreement

Recently Added or Updated Documents