Common use of Compliance Monitoring and Evaluation Clause in Contracts

Compliance Monitoring and Evaluation. IDEQ agrees to maintain an effective compliance monitoring and evaluation program. For purposes of this MOA, the term “compliance monitoring and evaluation” will refer to all efforts to assess whether NPDES regulated entities are in compliance with laws and rules constituting the IPDES program, including any permit condition or limitation, any compliance schedule, any pretreatment standard or requirement, or any previous administrative or judicial enforcement action. 1. Discharges endangering public health will receive immediate and paramount attention. 2. IDEQ will operate a timely and effective compliance monitoring system to assess and track compliance by dischargers with their permit conditions (e.g., effluent limits and compliance schedules) and any applicable enforcement action. 3. IDEQ will directly enter or upload the compliance monitoring and evaluation data into the NPDES national database on a schedule as required in national policy, annual PPA, or in any applicable regulations governing submission of NPDES information from regulated entities or States. The current national policy is the EPA 1985 PCS Policy (as amended) and the Integrated Compliance Information System (ICIS) Addendum to the Permit Compliance System (PCS) Policy. 4. When EPA promulgates new reporting data requirements, IDEQ will adhere to those requirements and ensure that required IPDES information is provided to EPA in a timely, accurate and complete manner. 5. Compliance monitoring will focus on the most important IPDES point sources of water quality impairment and the most serious violations. EPA’s NPDES Issuance of Clean Water Action NPDES Compliance Monitoring Strategy (July 2014), hereafter NPDES CMS, specifies inspection frequency goals for the NPDES program and available flexibilities that EPA and states may use in negotiating inspection commitments. The negotiated PPA and/or approved annual IPDES Compliance Monitoring Plan (CMP) should be based on these goals and guidance. 6. All compliance monitoring and evaluation activities will be undertaken in such a manner that will lead to timely, appropriate and effective follow-up response (e.g., informal action or formal enforcement actions consistent with applicable Enforcement Response Policies (ERP)). 7. IDEQ will maintain complete records of all material relating to the compliance status of dischargers within IDEQ’s jurisdiction, including, but not limited to inspection reports, Compliance Schedule Reports, annual reports, noncompliance reports, inspection/compliance letters and other formal correspondence, any other reports/plans that permittees may be required to submit under the terms and conditions of a IPDES permit or an approved pretreatment program (when applicable), and documents related to any administrative or judicial enforcement action. Records may be paper or electronic and will be maintained according to applicable federal records schedules.

Compliance Monitoring and Evaluation. IDEQ ‌ The State agrees to maintain an effective compliance monitoring and evaluation program. For purposes of this MOA, the term “compliance monitoring and evaluation” will refer to all efforts to assess whether NPDES regulated entities are in compliance with laws and rules regulations constituting the IPDES State NPDES program, including any permit condition or limitation, any compliance schedule, any pretreatment standard or requirement, or any previous administrative or judicial enforcement action. 1. Discharges endangering public health will receive immediate and paramount attention. 2. IDEQ The State will operate a timely and effective compliance monitoring system to assess and track compliance by dischargers with their permit conditions (e.g., effluent limits and compliance schedules) and any applicable enforcement action. 3. IDEQ The State will directly enter or upload the compliance monitoring and evaluation data from the PARIS database into the NPDES national database ICIS on a schedule as required in national policy, annual the PPA, or in any applicable regulations governing submission of NPDES information from regulated entities or States. The current national policy is the EPA 1985 PCS Policy (as amended) and the 2007 Integrated Compliance Information System (ICIS) Addendum to the Permit Compliance System (PCS) Policy. 4. When EPA promulgates new reporting data requirements, IDEQ the State will adhere to those requirements and ensure that required IPDES NPDES information is provided to EPA in a timely, accurate and complete manner. 5. Compliance monitoring will focus on the most important IPDES NPDES point sources of water quality impairment and the most serious violations. EPA’s NPDES Issuance of Clean Water Action NPDES Compliance Monitoring Strategy for the Core Program and Wet Weather Sources (July 2014October 17, 2007), hereafter NPDES CMS, specifies inspection frequency goals for the NPDES program and available flexibilities that EPA and states may use in negotiating inspection commitments. The negotiated PPA and/or approved annual IPDES Compliance Monitoring Plan (CMP) State NPDES CMS should be based on these goals and guidance. 6. All compliance monitoring and evaluation activities will be undertaken in such a manner that will lead to timely, appropriate and effective follow-up response (e.g., informal action or formal enforcement actions consistent with applicable Enforcement Response Policies Polices (ERPERPS)). 7. IDEQ The State will maintain complete records of all material relating to the compliance status of dischargers discharges within IDEQthe State’s jurisdiction, including, but not limited to inspection reports, including Compliance Schedule Reports, annual reportsDMRs, noncompliance reports, inspection/compliance letters and other formal correspondenceCompliance Inspection Reports, any other reports/plans reports that permittees may be required to submit under the terms and conditions of a IPDES State permit or an approved pretreatment program Pretreatment Program (when applicableas applicable to Ecology), and documents related to any administrative or judicial enforcement action. Records may be paper or electronic and will be maintained according to applicable federal records schedules.

Compliance Monitoring and Evaluation. IDEQ agrees to maintain an effective compliance monitoring and evaluation program. For purposes of this MOA, the term “compliance monitoring and evaluation” will refer to all efforts to assess whether NPDES regulated entities are in compliance with laws and rules constituting the IPDES program, including any permit condition or limitation, any compliance schedule, any pretreatment standard or requirement, any biosolids standard or requirement, or any previous administrative or judicial enforcement action. 1. Discharges endangering public health will receive immediate and paramount attention. 2. IDEQ will operate a timely and effective compliance monitoring system to assess and track compliance by dischargers with their permit conditions (e.g., effluent limits and compliance schedules) and any applicable enforcement action. 3. IDEQ will directly enter or upload the compliance monitoring and evaluation data into the NPDES national database on a schedule as required in national policy, annual PPA, or in any applicable regulations governing submission of NPDES information from regulated entities or States. The current national policy is the EPA 1985 PCS Policy (as amended) and the Integrated Compliance Information System (ICIS) Addendum to the Permit Compliance System (PCS) Policyby 40 CFR 127. 4. When EPA promulgates new reporting data requirements, IDEQ will adhere to those requirements and ensure that required IPDES information is provided to EPA in a timely, accurate and complete manner. 5. Compliance monitoring will focus on the most important IPDES point sources of water quality impairment and the most serious violations. EPA’s NPDES Issuance of Clean Water Action NPDES Compliance Monitoring Strategy (July 2014), hereafter NPDES CMS, specifies inspection frequency goals for the NPDES program and available flexibilities that EPA and states may use in negotiating inspection commitments. The negotiated PPA and/or approved annual IPDES Compliance Monitoring Plan (CMP) should be based on these goals and guidance. 6. All compliance monitoring and evaluation activities will be undertaken in such a manner that will lead to timely, appropriate and effective follow-up response (e.g., informal action or formal enforcement actions consistent with applicable Enforcement Response Policies (ERP)). 7. IDEQ will maintain complete records of all material relating to the compliance status of dischargers within IDEQ’s jurisdiction, including, but not limited to inspection reports, Compliance Schedule Reports, annual reports, noncompliance reports, inspection/compliance letters and other formal correspondence, any other reports/plans that permittees may be required to submit under the terms and conditions of a IPDES permit or an approved pretreatment program (when applicable), and documents related to any administrative or judicial enforcement action. Records may be paper or electronic and will be maintained according to applicable federal records schedules.