Enforcement Response Clause Samples
Enforcement Response. 9.2.1 Within 12 months of the Effective Date, the Parties will jointly develop an enforcement response protocol consisting of mutually agreed upon procedures and practices. This protocol will be followed prior to any intervention by a peace officer relating to any activity engaged in by ▇▇▇▇▇▇ ▇’▇ ▇▇▇▇▇▇▇▇▇▇ in situations where there is any doubt as to whether the activity is being carried out pursuant to an Aboriginal or treaty right.
Enforcement Response. The lead enforcement agency shall determine, based on its authority, the appropriate enforcement response taking into consideration any views provided by the other agency. An appropriate enforcement response may include an administrative order, administrative penalty complaint, a civil or criminal judicial referral or other appropriate formal enforcement response.
Enforcement Response. The CWA §309 requires the EPA, or NPDES Program delegated states, to respond to unpermitted discharges, violations of the CWA and NPDES violations (including, but not limited to pretreatment standards and requirements, compliance schedules, effluent limits and reporting requirements and all other permit conditions) by initiating appropriate enforcement action(s). The TNRCC shall hold primary responsibility for these activities in Texas except for those facilities detailed in Section III.C.6. of this MOA when it assumes administration of the TPDES Program. Enforcement response involves a series of actions, starting with the initial reaction to the identification of a violation and ending with the permittee's return to full compliance and formal close out of any enforcement action taken.
1. The TNRCC shall use, as stated in the CPM and EG, pre-enforcement procedures that are consistent with the principles in the EPA's National EMS and NPDES oversight criteria including the Violations Review Action Criteria (VRAC) and the Enforcement Response Guide. The procedures shall include:
a. application of VRAC for screening Discharge Monitoring Report (DMR) data and inspection findings to determine the significance of the violations;
b. procedures and time frames for applying appropriate initial response options to identified violations; and
c. procedures for maintaining a chronological summary of all violations.
2. The TNRCC shall screen all DMR forms from permittees to determine the level and frequency of violations and shall evaluate instances of noncompliance by all major permittees, 92-500 minor and other significant minors within thirty (30) days from the identification of a violation. The TNRCC shall determine the appropriate initial response, consistent with the CPM and EG, and document any action taken or not taken (including the technical reason).
3. The TNRCC shall maintain current enforcement procedures consistent with the EG. The procedures should set forth:
a. an analytical process for determining the appropriate level of action for specific categories of violation;
b. procedures for preparing and maintaining accurate and complete documentation that can be used in future formal enforcement actions; and
c. the time frames for escalating enforcement responses where the noncompliance has not been resolved.
4. The TNRCC will be able to demonstrate that its enforcement procedures result in:
a. appropriate initial and follow-up enforcement actions that are app...