Enforcement Tools and Applications
Objective: This advanced course gives participants the opportunity to explore primary and alternative enforcement tools through SMCRA. The course includes a brief visit with the more familiar primary enforcement actions, such as citing violations and determining patterns of violation. The majority of the course is devoted to the next level C alternative enforcement topics and issues. The alternative enforcement section cover injunctions, criminal sanctions, individual civil penalties, and permit suspension or revocation. Related topics include: early indicators of potential failure, bankruptcy, bond release, investigations, the Applicant/Violator System, and State statutes and regulations. Participants should be familiar with State and/or Federal enforcement issues and be prepared to participate in practical exercises. Advance notice of required materials will be given. Duration: 2 days
Agenda
Setting the Stage
Existing Regulatory Provisions for Alternative Enforcement
Civil Actions
Individual Civil Penalty
Pattern of Violations
Criminal Sanctions
Efficient Primary Enforcement, the first step of Alternative Enforcement
Debunking Some Myths and Common Beliefs
Early Indicators of Potential Failure
Investigations
Investigation Questions
Potential Sources of Information/
Records
More Alternative Enforcement Actions
False Information
Permanent Permit Ineligibility
Civil Action for Civil Penalties
Permit Suspension or Revocation
Developing a System
Practical Exercises
Analysis of Cases
Completing the Checklists
Preparing Civil Complaints
Administrative Decisions
WHO SHOULD ATTEND: Permitting, legal and enforcement staff, program staff who coordinate alternative enforcement, and managers.
National Technical Training Program: (202) 208-2769