Common use of Compliance Assurance and Enforcement Clause in Contracts

Compliance Assurance and Enforcement. ‌ CDPHE’s compliance assurance and enforcement program is responsible for statewide environmental enforcement of environmental laws and includes compliance assistance and education for sources. CDPHE and EPA Region 8 believe that a compliance assurance program, which respects state primacy in delegated programs and incorporates strong enforcement components, is crucial for successful environmental protection. CDPHE will continue to promote a strong, integrated and strategic compliance assurance program. The function of compliance assurance and enforcement is located throughout various programs within the air, water, waste and environmental health and sustainability divisions. Compliance assurance activities include: environmental education; civil enforcement investigations and actions; investigation of environmental crimes (i.e., abandoned drums and waste tires and illegal dredge and fill activities); responding to environmental disasters; hazardous material incidents; and spills that threaten the environment. Integral to this program is CDPHE’s commitment to educate sources and residents on environmental laws as well as to take enforcement actions as appropriate. The key elements of CDPHE’s compliance and enforcement monitoring program include: • Inspection and compliance monitoring programs at the state and federal levels that adequately identify significant noncompliance. • Maintaining a sufficient, qualified inspector field presence to effectively encourage regulated entities to comply with environmental laws and regulations. • Adequate investment in compliance assistance initiatives. • CDPHE and EPA Region 8 are committed to maintaining and improving the capacity to adequately monitor compliance with environmental requirements. The authority and capacity to respond to noncompliance are crucial elements of a strong enforcement program. The shared commitment of CDPHE and EPA Region 8 specific to compliance assurance and enforcement include: • Coordination in inspections of priority areas and sectors. • Timely determination whether the source represents a significant risk to human health and the environment. • Coordination in providing outreach, assistance and the dissemination of information to individuals, communities, businesses, governmental agencies and educational institutions for priority areas and sectors. • Timely and appropriate enforcement. • Assessment of penalties that collect economic benefits and the necessary gravity component in order to deter future noncompliance. • Consideration of cross-media impacts in all areas of compliance assurance. • Improving measures of success that focus on environmental outcomes and seeking new measures of environmental improvement from compliance assurance efforts. • Mutual respect of each agency’s enforcement roles. • Identification of sources that require less oversight. • The need to focus on statutorily regulated sources that have not obtained required permits or submitted required notifications. • Encouraging the inclusion of supplemental environmental projects in settlement agreements where appropriate. • Changing behavior and motivating the regulated community to prevent pollution. To be effective, CDPHE and EPA Region 8 agree that compliance and enforcement programs must be based upon requirements that are enforceable and include the following: continuous education of staff and sources (i.e., outreach efforts); ongoing monitoring and inspections to measure compliance; identification of violations in a comprehensive, consistent and timely manner; consistent responses to violations through compliance assurance and enforcement actions that require appropriate changes to achieve compliance, prevent and deter future noncompliance, promote going beyond compliance and compel remediation of any harm caused by noncompliance; clear articulation of local, state, and federal roles and responsibilities; commitment of adequate staff resources, guidance and training to compliance and enforcement; and a process to evaluate program results.‌ In FY 2013, for the Clean Water Act Program, the Water Quality Control Division and EPA Region 8 will continue to work together to implement the EPA Administrator’s Clean Water Action Plan that lays out three priorities: • Target compliance assurance resources to the most important water pollution problem • Strengthen oversight of the states • Improve transparency and accountability This effort continues and principally involves the Water Quality Control Division and EPA Region 8 identifying priorities for deploying respective resources and agreement on work sharing to achieve the greatest level of water quality protection/improvement. This approach will ultimately redefine the framework for prioritizing compliance and permitting actions and will require more significant change to the EPA/state approach to permitting and compliance assurance.

Compliance Assurance and Enforcement. ‌ CDPHE’s compliance assurance and enforcement program is responsible for statewide environmental enforcement of environmental laws and includes compliance assistance and education for sources. CDPHE and EPA Region 8 believe that a compliance assurance program, which respects state primacy in delegated programs and incorporates strong enforcement components, is crucial for successful environmental protection. CDPHE will continue to promote a strong, integrated and strategic compliance assurance program. The function of compliance assurance and enforcement is located throughout various programs within the air, water, waste and environmental health and sustainability divisions. Compliance assurance activities include: environmental education; civil enforcement investigations and actions; investigation of environmental crimes (i.e., abandoned drums and waste tires and illegal dredge and fill activities); responding to environmental disasters; hazardous material incidents; and spills that threaten the environment. Integral to this program is CDPHE’s commitment to educate sources and residents on environmental laws as well as to take enforcement actions as appropriate. The key elements of CDPHE’s compliance and enforcement monitoring program include: • Inspection and compliance monitoring programs at the state and federal levels that adequately identify significant noncompliance. • Maintaining a sufficient, qualified inspector field presence to effectively encourage regulated entities to comply with environmental laws and regulations. • Adequate investment in compliance assistance initiatives. • CDPHE and EPA Region 8 are committed to maintaining and improving the capacity to adequately monitor compliance with environmental requirements. The authority and capacity to respond to noncompliance are crucial elements of a strong enforcement program. The shared commitment of CDPHE and EPA Region 8 specific to compliance assurance and enforcement include: • Coordination in inspections of priority areas and sectors. • Timely determination whether the source represents a significant risk to human health and the environment. • Coordination in providing outreach, assistance and the dissemination of information to individuals, communities, businesses, governmental agencies and educational institutions for priority areas and sectors. • Timely and appropriate enforcement. • Assessment of penalties that collect economic benefits and the necessary gravity component in order to deter future noncompliance. • Consideration of cross-media impacts in all areas of compliance assurance. • Improving measures of success that focus on environmental outcomes and seeking new measures of environmental improvement from compliance assurance efforts. • Mutual respect of each agency’s enforcement roles. • Identification of sources that require less oversight. • The need to focus on statutorily regulated sources that have not obtained required permits or submitted required notifications. • Encouraging the inclusion of supplemental environmental projects in settlement agreements where appropriate. • Changing behavior and motivating the regulated community to prevent pollution. To be effective, CDPHE and EPA Region 8 agree that compliance and enforcement programs must be based upon requirements that are enforceable and include the following: continuous education of staff and sources (i.e., outreach efforts); ongoing monitoring and inspections to measure compliance; identification of violations in a comprehensive, consistent and timely manner; consistent responses to violations through compliance assurance and enforcement actions that require appropriate changes to achieve compliance, prevent and deter future noncompliance, promote going beyond compliance and compel remediation of any harm caused by noncompliance; clear articulation of local, state, and federal roles and responsibilities; commitment of adequate staff resources, guidance and training to compliance and enforcement; and a process to evaluate program results.‌ In FY 2013, for • For the Clean Water Act Program, the Water Quality Control Division and EPA Region 8 will continue to work together to implement the EPA Administrator’s Clean Water Action Plan that lays out three priorities: • Target compliance assurance resources to the most important water pollution problem • Strengthen oversight of the states • Improve transparency and accountability This effort continues and principally involves the Water Quality Control Division and EPA Region 8 identifying priorities for deploying respective resources and agreement on work sharing to achieve the greatest level of water quality protection/improvement. This approach will ultimately redefine the framework for prioritizing compliance and permitting actions and will require more significant change to the EPA/state approach to permitting and compliance assurance.

Compliance Assurance and Enforcement. ‌ CDPHE’s compliance assurance and enforcement program is responsible for statewide environmental enforcement of environmental laws and includes compliance assistance and education for sources. CDPHE and EPA Region 8 believe that a compliance assurance program, which respects state primacy in delegated programs and incorporates strong enforcement components, is crucial for successful environmental protection. CDPHE will continue to promote a strong, integrated and strategic compliance assurance program. The function of compliance assurance and enforcement is located throughout various programs within the air, water, waste and environmental health and sustainability divisions. Compliance assurance activities include: environmental education; civil enforcement investigations and actions; investigation of environmental crimes (i.e., abandoned drums and waste tires and illegal dredge and fill activities); responding to environmental disasters; hazardous material incidents; and spills that threaten the environment. Integral to this program is CDPHE’s commitment to educate sources and residents on environmental laws as well as to take enforcement actions as appropriate. The key elements of CDPHE’s compliance and enforcement monitoring program include: • Inspection and compliance monitoring programs at the state and federal levels that adequately identify significant noncompliance. • Maintaining a sufficient, qualified inspector field presence to effectively encourage regulated entities to comply with environmental laws and regulations. • Adequate investment in compliance assistance initiatives. • CDPHE and EPA Region 8 are committed to maintaining and improving the capacity to adequately monitor compliance with environmental requirements. The authority and capacity to respond to noncompliance are crucial elements of a strong enforcement program. The shared commitment of CDPHE and EPA Region 8 specific to compliance assurance and enforcement include: • Coordination in inspections of priority areas and sectors. • Timely determination whether the source represents a significant risk to human health and the environment. • Coordination in providing outreach, assistance and the dissemination of information to individuals, communities, businesses, governmental agencies and educational institutions for priority areas and sectors. • Timely and appropriate enforcement. • Assessment of penalties that collect economic benefits and the necessary gravity component in order to deter future noncompliance. • Consideration of cross-media impacts in all areas of compliance assurance. • Improving measures of success that focus on environmental outcomes and seeking new measures of environmental improvement from compliance assurance efforts. • Mutual respect of each agency’s enforcement roles. • Identification of sources that require less oversight. • The need to focus on statutorily regulated sources that have not obtained required permits or submitted required notifications. • Encouraging the inclusion of supplemental environmental projects in settlement agreements where appropriate. • Changing behavior and motivating the regulated community to prevent pollution. To be effective, CDPHE and EPA Region 8 agree that compliance and enforcement programs must be based upon requirements that are enforceable and include the following: continuous education of staff and sources (i.e., outreach efforts); ongoing monitoring and inspections to measure compliance; identification of violations in a comprehensive, consistent and timely manner; consistent responses to violations through compliance assurance and enforcement actions that require appropriate changes to achieve compliance, prevent and deter future noncompliance, promote going beyond compliance and compel remediation of any harm caused by noncompliance; clear articulation of local, state, and federal roles and responsibilities; commitment of adequate staff resources, guidance and training to compliance and enforcement; and a process to evaluate program results.‌ results. In FY 20132014, for the Clean Water Act Program, the Water Quality Control Division and EPA Region 8 will continue to work together to implement the EPA Administrator’s Clean Water Action Plan that lays out three priorities: • Target compliance assurance resources to the most important water pollution problem • Strengthen oversight of the states • Improve transparency and accountability This effort continues and principally involves the Water Quality Control Division and EPA Region 8 identifying priorities for deploying respective resources and agreement on work sharing to achieve the greatest level of water quality protection/improvement. This approach will ultimately redefine the framework for prioritizing compliance and permitting actions and will require more significant change to the EPA/state approach to permitting and compliance assurance.

Compliance Assurance and Enforcement. ‌ CDPHE’s compliance assurance and enforcement program is responsible for statewide environmental enforcement of environmental laws and includes compliance assistance and education for sources. CDPHE and EPA Region 8 believe that a compliance assurance program, which respects state primacy in delegated programs and incorporates strong enforcement components, is crucial for successful environmental protection. CDPHE will continue to promote a strong, integrated and strategic compliance assurance program. The function of compliance assurance and enforcement is located throughout various programs within the air, water, waste and environmental health and sustainability divisions. Compliance assurance activities include: environmental education; civil enforcement investigations and actions; investigation of environmental crimes (i.e., abandoned drums and waste tires and illegal dredge and fill activities); responding to environmental disasters; hazardous material incidents; and spills that threaten the environment. Integral to this program is CDPHE’s commitment to educate sources and residents on environmental laws as well as to take enforcement actions as appropriate. The key elements of CDPHE’s compliance and enforcement monitoring program include: • Inspection and compliance monitoring programs at the state and federal levels that adequately identify significant noncompliance. • Maintaining a sufficient, qualified inspector field presence to effectively encourage regulated entities to comply with environmental laws and regulations. • Adequate investment in compliance assistance initiatives. • CDPHE and EPA Region 8 are committed to maintaining and improving the capacity to adequately monitor compliance with environmental requirements. The authority and capacity to respond to noncompliance are crucial elements of a strong enforcement program. The shared commitment of CDPHE and EPA Region 8 specific to compliance assurance and enforcement include: • Coordination in inspections of priority areas and sectors. • Timely determination whether the source represents a significant risk to human health and the environment. • Coordination in providing outreach, assistance and the dissemination of information to individuals, communities, businesses, governmental agencies and educational institutions for priority areas and sectors. • Timely and appropriate enforcement. • Assessment of penalties that collect economic benefits and the necessary gravity component in order to deter future noncompliance. • Consideration of cross-media impacts in all areas of compliance assurance. • Improving measures of success that focus on environmental outcomes and seeking new measures of environmental improvement from compliance assurance efforts. • Mutual respect of each agency’s enforcement roles. • Identification of sources that require less oversight. • The need to focus on statutorily regulated sources that have not obtained required permits or submitted required notifications. • Encouraging the inclusion of supplemental environmental projects in settlement agreements where appropriate. • Changing behavior and motivating the regulated community to prevent pollution. To be effective, CDPHE and EPA Region 8 agree that compliance and enforcement programs must be based upon requirements that are enforceable and include the following: continuous education of staff and sources (i.e., outreach efforts); ongoing monitoring and inspections to measure compliance; identification of violations in a comprehensive, consistent and timely manner; consistent responses to violations through compliance assurance and enforcement actions that require appropriate changes to achieve compliance, prevent and deter future noncompliance, promote going beyond compliance and compel remediation of any harm caused by noncompliance; clear articulation of local, state, and federal roles and responsibilities; commitment of adequate staff resources, guidance and training to compliance and enforcement; and a process to evaluate program results.‌ In FY 20132015, for the Clean Water Act Program, the Water Quality Control Division and EPA Region 8 will continue to work together to implement the EPA Administrator’s Clean Water Action Plan that lays out three priorities: • Target compliance assurance resources to the most important water pollution problem • Strengthen oversight of the states • Improve transparency and accountability This effort continues and principally involves the Water Quality Control Division and EPA Region 8 identifying priorities for deploying respective resources and agreement on work sharing to achieve the greatest level of water quality protection/improvement. This approach will ultimately redefine the framework for prioritizing compliance and permitting actions and will require more significant change to the EPA/state approach to permitting and compliance assurance.