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.

What is stepped enforcement?

100

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

What is an offense?

100

This relative should be able to understand your reports.

Who is grandma?

100

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

Who is Lab Services or Becca Fahney?

100

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

What is 911?

200

The purpose of stepped enforcement.

What is increase motivation toward compliance?

200

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

What is the State?

200

These should be destroyed after writing your final report.

What are Personal Notes?

200

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

What is a 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).

What is trespassing?

300
One of these five bullets are reasons why stepped enforcement is used.

What is ... 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.

What is evidence?

300

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

What are observations (or facts)?

300

This proves the integrity of the handling of samples.

What is the 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.

What is the Working Alone Policy?

400
The bottom line of stepped enforcement is this:
What is 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.

What are elements of the offense?

400
A useful hand-drawn addition to certain reports.

What is a sketch map?

400

The order of sampling in a stream with a point discharge

What is downstream, at the discharge, and upstream?

400

A method of evaluating dangers at a site

What is a hazard or site safety assessment?

500

The main difference between a consent and administrative order is:

What 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.

What are 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).

What is 30%?

500

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

When is a 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.

What is the Castle Doctrine?