The Division of Enforcement
The Division of Enforcement promotes a fair, firm and consistent approach to gaining compliance through the resolution of enforcement cases, conducting compliance monitoring, providing compliance assistance resources, and by facilitating training and licensing.
Mission Statement
The
Division of Enforcement exists to change behaviors and improve
compliance with the Department’s regulatory programs. The division will
accomplish its mission by increasing environmental knowledge, providing high-level
customer service, and responding timely and appropriately in its actions. The
goal of this mission is to protect and enhance the quality of Kentucky’s
environment and communities.
Organizational Structure
The Division of Enforcement is organized into four branches:
Civil Enforcement Branch (CEB):
The CEB's primary duties include reviewing and pursuing violations referred by the program divisions of the Department for Environmental Protection (DEP). The CEB pursues referred cases administratively utilizing an escalating system of enforcement procedures. The process begins with informal administrative conferences held at the division's offices in Frankfort. If a case cannot be resolved using informal methods, then the case is escalated and referred to the cabinet's attorneys for formal action. Formal actions can include a formal hearing at the Office of Administrative Hearings (OAH) or in Franklin Circuit Court. If violations are egregious, the division may refer the case for criminal prosecution.
Compliance and Operations Branch (COB):
The COB's primary duties are compliance monitoring, evaluation, and issuing Notices of Violation (NOVs) while also providing administrative support for the division. Programs within the Department for Environmental Protection (DEP) may also refer violations to the COB for review and issuance of an NOV. Violations discovered by field inspectors are issued by the respective regional offices and are not referred to the COB for issuance.
Environmental Assistance Branch (EAB):
The EAB's primary duties include providing compliance resources and support to the public for issues relating to air quality, waste management, and water. The EAB also oversees the Kentucky Brownfield Redevelopment Program to help redevelop and revitalize undesirable properties with real or perceived contamination.
Certifications and Licensing Branch (CLB):
The CLB's primary duties include offering operator certification assistance and training for wastewater, drinking water, and solid waste operators.