Common use of EPA ENFORCEMENT ACTIONS Clause in Contracts

EPA ENFORCEMENT ACTIONS. If EPA determines that the TNRCC has not taken timely and appropriate enforcement action against a violator and has not properly escalated enforcement action or has not assessed and collected an adequate penalty, EPA may proceed with any or all of the enforcement options available under Section 309 of the Clean Water Act after notice to and consultation with the TNRCC. Prior to proceeding with an enforcement action, EPA shall give the TNRCC thirty (30) days to initiate such enforcement action. This notification shall be made through written communication in accordance with the TNRCC/EPA Multi-media, Multi-year Enforcement MOU. Such notification shall not be required when EPA is exercising its emergency power under Section 504 of the Clean Water Act.

EPA ENFORCEMENT ACTIONS. ‌ If EPA determines that the TNRCC TCEQ has not taken timely and appropriate enforcement action against a violator and has not properly escalated enforcement action or has not assessed and collected an adequate penalty, EPA may proceed with any or all of the enforcement options available under Section 309 of the Clean Water Act after notice to and consultation with the TNRCCTCEQ. Prior to proceeding with an enforcement action, EPA shall give the TNRCC TCEQ thirty (30) days to initiate such enforcement action. This notification shall be made through written communication in accordance with the TNRCCTCEQ/EPA Multi-media, Multi-year Enforcement MOU. Such notification shall not be required when EPA is exercising its emergency power under Section 504 of the Clean Water Act.