|
Commonwealth of Pennsylvania |
|
|
POSITION DESCRIPTION FOR JOB POSTING |
|
|
Position Number: 50489130 |
Description Activated On: 3/4/2026 1:31:09 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 the Waterways & Wetlands Program as necessary to maintain compliance with the laws we administer which include: The Clean Streams Law, the CAFO Regulations, The Dam Safety and Encroachments Act, and the Administrative Code of 1929, along with all pursuant rules and regulations and permits which relate to agricultural operations, erosion and stormwater control, and waterway/wetland encroachment activities. This position will be primarily focused in NRCS targeted watersheds or those watersheds with the highest incidence of agricultural operations out of compliance or in areas that have been identified as a source of excessive nutrient/sediment loads. Target areas or target practices identified by COAST and SPARROW, will also be a focus for these compliance and inspection activities. This position also supports increased compliance activities under Chapter 102 Erosion & Sediment Control regulations, Chapter 91.36 relating to manure management, MS4s, and local stormwater complaints. The position also supports increased field presence for additional inspections and complaint investigations of CAFOs and non-CAFO agricultural operations within an assigned geographic area. |
|
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. This Compliance Specialist is generally responsible for coordinating the compliance and enforcement activities within the 15-county DEP Southcentral Region for programs under the jurisdiction of the Waterways & Wetlands Program. Program responsibilities are primarily non-point source and NPDES activities. These activities include but are not limited to non-point source discharges and activities, erosion and sedimentation control, groundwater contamination from agricultural sources, manure spills, agricultural use of farm process water, manure run-off, and silage discharges. This Compliance position will also conduct routine inspections, investigations, and related compliance work in the CAFO/agricultural non-point source activities and the Chapter 105-Waterways and Wetlands program. The associated duties and responsibilities are as follows: Regional Compliance and Enforcement Program • As requested by Section Chief, develop regional enforcement procedures by integrating established policy with regional circumstances, e.g. staff complement and workload. • 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 a contact for professional and technical staff and conservation districts in the region, in enforcement and legal matters related to Watershed Management Program activities. • Implement and conduct compliance and enforcement activities within Department established time frames for resolving violations. • Maintain and review compliance records: 1. Prepare an Enforcement Case Status Report monthly for the Section Chief, which lists cases in order of priority and lists all summary actions, civil penalty actions, orders, consent order and agreements, and consent assessments of civil penalties. 2. File of cases, which are on compliance schedules. Record any violations and follow-up. 3. File of cases on consent order and agreements with contingent or stipulated penalties. Record violations and calculate penalty assessments. 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. • Conduct on-site visit and inspection to gain first-hand observation as necessary. • 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 Regional Waterways & Wetlands Program Manager, Conservation, Restoration & Inspection Section Chief, and personnel associated with the case. Otherwise, course of action and suggested penalties are discussed with the staff member directly involved and his/her supervisor. Generally, concurrence is obtained from the Section Chief regarding penalty assessments. • The following compliance actions and procedures may be utilized: 1. Administrative Actions a. Violation Notices - Prepare and send to responsible official in order to advise violations which exist, and make violator aware of his obligations. A date by which the violator is to respond is given. Develop standard language for office-wide use in routine violation letters, as requested by Section Chief. Review response for adequacy and refer to field staff for follow-up or request additional information. b. Conferences -Schedule and chair administrative conferences in order to advise the responsible parties of their responsibilities, and discuss possible corrective actions. 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 legislators. 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 - Consent Order and Agreements/Decrees - Prepare in draft form and send to Department attorney for review after negotiating the basic terms which generally include civil penalties and a compliance schedule. Monitor compliance and, if stipulated penalties are included, calculate penalties for violations. Consent Assessment of Civil Penalties - Prepare and send out after negotiating terms of settlement, which generally includes strict penalty assessments for pollution incidents. Those providing for penalties in excess of $7,500 are prepared in draft form and sent to Department attorney for review prior to sending out. 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 Department 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. Standard Field Orders - Prepare and issue standard field orders. Prior review by supervisor or attorney is usually not required. f. 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 Regional Program Manager, along with a draft complaint for civil penalty action. In the event of a hearing, may be required to testify. 2. Criminal Actions a. Summary Actions – Write and file summary non-traffic citations with the District Justice for violations under the PA Clean Streams Law or the Dam Safety and Encroachments Act. 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. If requested by the Section Chief, Prepare a case summary and send to attorney through Section Chief along with a draft private criminal complaint for review. b. Misdemeanors - Prepare a criminal referral package requesting review by the Section Chief, Waterways & Wetlands Program Manager, Regional Director, and the Office of Chief Counsel and approval for referral to the Office of Attorney General. 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 Department attorney. Consult with Department attorneys on specific legal aspects of a case. Keep Department attorneys advised of developments in cases referred to them. Interagency Coordination • DEP 1. Bureau of Watershed Management - Central Office--Provide information regarding compliance activities. Review and comment on proposed policies and guidelines. Discuss aspects of enforcement cases on occasion. 2. Regional Office - Coordinate compliance activities with Safe Drinking Water, Clean Water, Waste Management, Air Quality and Environmental Cleanup & Brownfields Programs in cases where there is an interface. • Other County/State Agencies and other Organizations: 1. Coordinate complaints, referrals, and enforcement actions closely with county conservation districts and the Pennsylvania Fish and Boat Commission. Work with Waterway Conservation officers, communicate with area supervisors and their central office enforcement personnel. 2. Meet with other PA Agency or Department officials, such as Pennsylvania Fish and Boat Commission, to resolve cases involving Commonwealth operation of facilities in violation of environmental laws. 3. Coordinate enforcement actions with the State Conservation Commission or PA Dept of Agriculture in resolving cases in which there is an interface. Inspection Activities: A. Review correspondence, operation reports, and permit files for: 1. Permit standards and special conditions. 2. Flow diagrams, blueprints, and type of manure handling/feed and waste storage system. 3. Case history of past performance. 4. Nutrient Management Plans. B. Conduct routine inspections, compliance evaluation inspections, schedule and investigate citizens’ complaints of existing or potential water quality problems, and joint program and multi-media inspections of assigned agricultural establishments or other environmental facilities, sites, and incidents. This includes the handling, storage, and application of manure to ensure compliance with NPDES and Part II permit conditions, compliance with agricultural E&S Plans, and environmental complaints relating to Ch. 105-specifically relating to waterway and wetland issues. C. Inspect farms, farm fields, milking operations, and other Concentrated Animal Feeding Operations, and other farming operations for waste generated and environmental impact from the operation. Inspect environmental waterway and wetland complaints or permitted waterway/wetland obstruction or encroachment facilities to determine compliance status. 1. Inspect manure lagoons; review the operation’s manure management plan and erosion and sedimentation plan; inspect storage units to determine if they are operating and performing its designed function; make maintenance or operating recommendations; discuss safety aspects involved in the operation of facilities in terms of equipment and procedures; complete Inspection Reports, Sample Information System Submission sheets, Bacteriological Analyses forms, CAFO Inspection forms, and other forms as necessary. 2. Inspect receiving streams for effects from agricultural operations such as physical observations -- appearance and color; cursory biological observations -- benthic organisms and quality of aquatic life for possible referral to regional aquatic biologist for a complete survey; sample upstream and downstream from discharge for chemical analyses and field analyses when necessary. D. Determine if permit administrative requirements are fulfilled and fully document each inspection by writing inspection reports, letters, or other appropriate method. 1. Check for proper paperwork and records retention. 2. Assure operation reporting procedures are followed and proper and timely submission of operation reports to the regional office. E. Cite establishments for violations observed during inspections based on permit conditions, The Clean Streams Law, The Dam Safety and Encroachments Act, and the Department Rules and Regulations. F. Ground Water -- investigate complaints for possible referral to the Waterways & Wetlands Program’s Geologist. 1. Coordinate private drinking well with Waterways & Wetlands Program’s geologist. 2. Investigate nearby farms for possible sources of contamination. G. Use Department and other established biosecurity procedures at farms to prevent the spread of diseases that may affect livestock. Other Related Duties • Prepare and present Major Action Advisories, Requests for Deputy Secretary of Field Operations concurrence, briefings and case summaries on enforcement cases for Section Chief, Regional Waterways & Wetlands Program Manager, Community Relations Coordinator, Regional Director, and other Executive Staff. • Attend conservation district board meetings, including night meetings, as assigned to provide efficient communications and operation of delegated Department and State Conservation Commission programs, and to ensure the SCRO maintains consistency and provides services to the county conservation districts in accordance with the DEP/SCC MOU. • Assume responsibility for the Conservation, Restoration & Inspection Section during the absence of the Section Chief when so assigned. • Receive and process clean water fund or dams and encroachments fund payments with clerical assistance. • Prepare routine correspondence. • Employee will input necessary data into Departmental tracking systems to accurately reflect work performed during specified time periods. This includes but is not limited to reporting required outputs and activities needed to meet Chesapeake Bay Regulatory and Accountability Program grant commitments, and eFACTS. • 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. • Promotes the Department's mission. * Operate a motor vehicle to travel to various field sites. This position description does not limit the 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. Supervision is provided by the Conservation, Restoration & Inspection Section Chief, who along with the Permits Section Chief; Dam Safety, Waterways & Wetlands Section Chief; and/or Program Manager, provides assistance and/or guidance on difficult individual problems. Work is assigned by areas of broad expertise with little or no instructions. The employee is responsible for establishing completion schedules, priorities, and final resolutions within established program guidelines. Work is reviewed upon completion by the Section Chief for completeness, technical accuracy, and quality. |
||||||||||||||||||||
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. Real ID or Equivalent 3. N/A 4. N/A 5. N/A 6. N/A |
||||||||||||||||||||
Essential Functions: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.
|