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Commonwealth of Pennsylvania |
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POSITION DESCRIPTION FOR JOB POSTING |
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Position Number: 00077930 |
Description Activated On: 7/9/2024 3:08:04 PM |
Position Purpose: Describe the primary purpose of this position and how it contributes to the organization’s objectives. Example: Provides clerical and office support within the Division to ensure its operations are conducted efficiently and effectively. The function of the Compliance Specialist is to coordinate enforcement actions within these programs as necessary to maintain compliance with The Solid Waste Management Act. |
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Description of Duties: Describe in detail the duties and responsibilities assigned to this position. Descriptions should include the major end result of the task. Example: Types correspondence, reports, and other various documents from handwritten drafts for review and signature of the supervisor. The Environmental Protection Compliance Specialist for the Southcentral Region is responsible for coordinating the compliance and enforcement activities of a designated geographical area within the fifteen-county regional area (Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Fulton, Franklin, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York) for all of the programs under the jurisdiction of the Waste Management Program. Program’s responsibilities include hazardous, residual and municipal waste. The associated duties and responsibilities are as follows: A. Regional Compliance and Enforcement Program Development Develop regional enforcement procedures by integrating established policy with regional circumstances, e.g. staff complement and workload. Establish procedures for referral of cases in violation by regional staff (monitoring and Compliance Section and the Facilities Section). Review procedures periodically with Section Chief. Prepare an Enforcement Case Status Report monthly, which lists the major cases in order of priority, for distribution to Section Chief, the District Supervisors and Program Manager. Advise field staff on methods of investigation and obtaining evidence. Review performance of field staff in enforcement cases with the staff and their supervisors. Advise regional personnel of enforcement related activities during staff meetings. Serve as main contact for all professional and technical staff in the region, in enforcement and legal matters. Promotes the Department's Mission Maintain and review compliance records: 1. Compliance log which lists all summary actions, civil penalty actions, orders, consent order and agreements, and letter-agreements and their disposition. 2. Tickler system for tracking compliance due dates. 3. File of cases which are on compliance schedules. Record any violations and follow-up. 4. File of cases on consent order and agreements with contingent penalties. Record violations and calculate penalty assessments. 5. Inputs appropriate data in a prescribed format to meet data quality standards set forth by guidance, training, and policy across all of DEP’s electronic data systems; to include ensuring accuracy and completeness of entries, and where available, the use of system specific tools to ensure duplicative entries and data quality issues are minimized. B. Individual Case Development Receive referrals of violations from staff. Research files for the purpose of establishing a case history. Evaluate the evidence available, the legal aspects of the case and the circumstances. Coordinate follow-up investigatory and monitoring activities. If necessary to gain first-hand observation, make on-site visit and inspection. Based on a thorough evaluation, determine an appropriate course of action for obtaining compliance and suggest corresponding penalties. In cases with major significance, discuss proposed strategy with the Section Chief, Program Manager, and personnel associated with the case. Otherwise, course of action and suggested penalties are discussed with the staff member directly involved and his supervisor. Generally, concurrence is obtained from the Section Chief regarding penalty assessments. The following avenues of approach are available: 1. Administrative Actions a. Violation Notices When requested, review draft NOVs and the company’s response for completeness. b. Conferences Schedule and chair administrative conferences in order to advise the responsible parties of their responsibilities and discuss possible corrective measures. Schedule and chair enforcement conferences in cases of continuing violations and pollution incidents where penalties and compliance schedules would be negotiated. Arrange for key staff members to attend. Many times these meetings are attended by corporate executives along with their engineering consultants, attorneys, and on occasion, state senators or representatives. Necessary attributes under these circumstances are the ability to express oneself clearly and to remain even tempered in the event of hostile situations. Prepare a letter to the responsible party which summarizes the discussions during the conference. c. Settlement Agreements (1) Consent Order and Agreements Prepare in draft form and send to Department attorney through the Section Chief and Program Manager for review, after negotiating the basic terms which generally include civil penalties and a compliance schedule. When signed, this is a legally binding agreement. Monitor compliance and, if contingent penalties are included, assess penalties for violations. (2) Letter Agreements Prepare and send out after negotiating terms of settlement which generally includes strictly penalty assessments for pollution incidents. Those providing for penalties in excess of $5,000 are prepared in draft form and sent to our attorney for review prior to sending out. These are signed by our attorney and the Program Manager. d. Orders Prepare compliance, permit suspension and permit revocation orders in draft form for approval by Department attorney. Orders are appealable and therefore must be factually and legally accurate. In the event of an appeal to the Environmental Hearing Board, assist our attorney in preparing evidence, obtaining and interviewing witnesses. Also testify at hearings. Monitor compliance with Orders and EHB adjudications and initiate follow-up action as necessary. e. Civil Penalty Actions Prepare detailed case summary and a recommendation for proceeding with a civil penalty action and send to Department attorney through the Section Chief and Program Manager, along with a draft complaint for civil penalty action. Again, due to the likelihood of such a case going to hearing, it is critical that the information be very accurate and sufficient supporting documentation be available. In the event of a hearing, may be required to testify. 2. Criminal Actions a. Summary Actions Prepare a case summary and send to attorney through the Section Chief and the Program Manager, along with draft private criminal complaint for review. In the event a hearing is requested, organize the evidence, obtain and prepare witnesses and act as prosecutor for the Commonwealth in the District Justice’s court. In this capacity, knowledge and familiarity with legal argument and courtroom proceedings is important, particularly since the defendant is generally represented by an attorney. b. Misdemeanors Prepare a detailed case summary and send to Department attorney through the Section Chief and the Program Manager, along with a draft complaint for review. Testimony may be necessary in a Court of Common Pleas. c. Liaison with Department Attorneys Draft criminal actions, settlements, and orders for review and approval by attorney. Consult with attorneys on specific legal aspects of a case. Keep attorneys advised of developments in cases referred to them. C. Interagency Coordination 1. DEP a. Waste Management - Central Office Provide information regarding compliance activities to include a monthly enforcement report. Review and comment on proposed policies and guidelines. Discuss aspects of enforcement cases on occasion. b. Regional Office Coordinate compliance activities with WSCH, Water Management, and Air Quality in cases where there is an interface. c. Other Bureaus Coordinate with other bureaus, such as State Parks, and Dams and Waterway Management in resolving problems affecting both bureaus. d. Department Attorneys Draft criminal actions, settlements and orders for attorney’s review and approval. Consult with attorneys on specific legal aspects of a case. Keep attorneys advised of development in cases referred to them. 2. Other State Agencies Meet with other Department officials, such as PennDOT, to resolve cases involving Commonwealth operation of facilities in violation of environmental laws. D. Other Related Duties 1. Assume responsibility for the Monitoring and Compliance Section during the absence of the Section Chief when assigned by them. 2. Receive and process Solid Waste Abatement Fund payments with clerical assistance 3. Prepare routine correspondence 4. Operate a motor vehicle to travel to various field sites. This position description in no way states or implies that these are the only duties to be performed by the employee occupying this position. Employees will be required to follow any other job-related instructions and to perform any other job-related duties requested by their supervisor. |
Decision Making: Describe the types of decisions made by the incumbent of this position and the types of decisions referred to others. Identify the problems or issues that can be resolved at the level of this position, versus those that must be referred to the supervisor. Example: In response to a customer inquiry, this work involves researching the status of an activity and preparing a formal response for the supervisor’s signature. Supervisor’s concurrence is obtained prior to finalizing penalties and enforcement strategies in most cases. However, the majority of my work, such as correspondence, letter agreements, summary actions, and planning of work activities, is carried out independently. |
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Requirements Profile: Identify any specific experience or requirements, such as a licensure, registration, or certification, which may be necessary to perform the functions of the position. Position-specific requirements should be consistent with a Special Requirement or other criteria identified in the classification specification covering this position. Example: Experience using Java; Professional Engineer License Experience: Licenses, registrations, or certifications: 1. Class C Driver's License 2. N/A 3. N/A 4. 5. 6. |
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Essential Functions: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.
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