EPA's Oversight and Enforcement Authority. In accordance with 40 CFR §123.24(a), this agreement does not restrict or limit EPA's oversight and enforcement authorities under the CWA. Any discussion of EPA or IDEQ roles and responsibilities is intended to guide EPA and IDEQ personnel to effectively administer the NPDES program, but is not meant to make IDEQ the EPA's agent for purposes of enforcement or to restrict or limit EPA's direct enforcement authority under the CWA. Thus, EPA reserves the right to inspect federally regulated permittees or to bring federal enforcement action under the CWA in response to any violation of the CWA. If EPA determines that IDEQ has not taken timely enforcement action against a violator and/or that the enforcement action has not been appropriate, EPA may proceed with any or all enforcement options available under CWA §309. EPA will generally notify IDEQ of its pending federal civil enforcement action prior to commencement. Notwithstanding the above, nothing will be construed as limiting EPA's authority under CWA §309 and 40 CFR §503. Nothing in this agreement restricts or limits EPA criminal investigatory or enforcement authority in any way. EPA reserves the ability to investigate potential criminal violations regardless of the timing or existence of any state action. This agreement does not create any rights in law or equity for any person not a party to this agreement. Any failure by EPA or IDEQ to follow any provision(s) of this agreement will not affect the validity of any inspection or enforcement action and will not constitute a defense to any violation of the CWA. IDEQ may request EPA to initiate federal enforcement action when IDEQ has been unable to achieve compliance through state remedies. IDEQ may request EPA to participate in conferences and/or discussions in the pursuit of enforcement actions against a federal facility which may lead to formal filing of an enforcement action by IDEQ against a federal facility. EPA may also initiate direct action if performance reviews demonstrate a lack of state enforcement response to violations.
EPA's Oversight and Enforcement Authority. 1. This AGREEMENT is not meant to restrict or limit EPA’s oversight and enforcement authorities under the CWA. Any discussion of EPA or DEPARTMENT roles and responsibilities is intended to guide EPA and the DEPARTMENT personnel to carry out an effective partnership, but is not meant to make the DEPARTMENT EPA’s agent for purposes of enforcement or to restrict or limit EPA’s direct enforcement authority under the CWA. Thus, EPA reserves the right to bring federal enforcement action under the CWA in response to any violation of the CWA.
