Stepped Enforcement
Proofs and Evidence
Documentation/Report Writing
Sampling
Trespass/Safety
100

A planned series of actions that expand and intensify as the case goes on.

Stepped enforcement

100

This is another word for a violation of statute, code or permit condition.

An offense

100

This relative should be able to understand your reports.

Grandma

100

This person or department should be able to assist you if you have lab or sampling form related questions.

Lab Services or Becca Fahney

100

You should call this if there are immediate threats or safety concerns to you or other employees. 

911

200

The purpose of stepped enforcement.

Increase motivation toward compliance

200

It's this party's responsibility to prove violations.

The State or DNR

200

These should be destroyed after writing your final report.

Personal notes

200

A couple of clean mason jars, a shipping container, forms and associated supplies.

Warden Kit

200

You can be charged for this if you go onto private property without the private authority or an inspection warrant (and the department will not save you).

Trespassing

300

One of these bullets are reasons why stepped enforcement is used.

Most cases are resolved voluntarily, clear paper trail, makes use of limited resources, allows the use of other enforcement tools

300

This is an important item or document that tends to prove or disprove something.

Evidence

300

You should document this in your reports, as opposed to your determination, opinions or interpretation.

Observations or facts

300

This proves the integrity of the handling of samples.

Chain of Custody Form

300

A policy that should be considered if you are going to a remote or potentially hazardous location, particularly without company.

Working Alone Policy

400

The bottom line of stepped enforcement is this:

In order for enforcement actions to compel return to compliance, *the actions must escalate*

400

These are the individual, irreducible parts of law that must be proven with evidence.

Elements of the offense

400

A useful hand-drawn addition to certain reports.

Sketch map

400

The order of sampling in a stream with a point discharge

Downstream, at the discharge, and upstream

400

A method of evaluating dangers at a site

Hazard or site safety assessment

500

The main difference between a consent and administrative order is:

Consent order is signed and waives appeal rights, admin is unilateral and can be appealed

500

Any of these four bullet points are fine examples of defense arguments.

Documentation errors, chain of custody failure, sampling errors/bias, or site access permissions

500

You are able to recall this percent of events >72 hours after it occurred (and is a reason why you should complete your reports as soon as practical).

30%

500

You would drive your samples to the State Lab of Hygiene in Madison under these circumstances

Short holding time or the sample is collected late

500

A person’s right to use deadly force against a person who reasonably believed that the person against whom force was used that the force was necessary to prevent great bodily harm to him/herself or other persons in their dwelling or business.

Castle Doctrine

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