Timely and Appropriate Enforcement. 1. The federal regulations at 40 CFR §123.27 establish the minimum requirements (i.e., remedies, penalties/fines, public participation) for enforcement authority for a State administering the NPDES program. 2. EPA and IPDES enforcement program guidance and policies describe agency goals and expectations for what constitutes timely and appropriate enforcement action. [EPA’s 1989 “NPDES Enforcement Management System (EMS)” and “Clarification of NPDES EMS Guidance on Timely and Appropriate Response to Significant Noncompliance 3. IDEQ is responsible for commencing and completing timely and appropriate enforcement actions against dischargers in violation of the laws and rules constituting the IPDES program, including any permit conditions or limitations, compliance schedules, pretreatment standards or requirements, or previous administrative or judicial enforcement actions. This responsibility encompasses violations detected through any means including the compliance monitoring activities set forth in this agreement. 4. EPA will consider an IDEQ enforcement action to be timely and appropriate if it: a. Reflects the nature and severity of the violations and the overall degree of noncompliance and results in a return to compliance by the violator (EPA’s 1989 EMS and May 29, 2008 “Clarification of NPDES EMS Guidance on Timely and Appropriate Response to Significant Noncompliance Violations”); b. Seeks or imposes, where appropriate, penalties that consider the factors set forth in §§309(d) and 309(g)(3) of the CWA, meet the requirements of 40 CFR §123.27, and are consistent with IDEQ’s or EPA’s penalty policy, criteria, and/or procedures; c. Seeks injunctive relief for continuing noncompliance to return the discharger into compliance within a reasonable time frame. The injunctive relief should be accompanied by an appropriate, specified schedule containing interim milestones necessary to measure progress towards the final compliance date and goals; d. Is commenced and completed taking into account the recommendations in the most recent EPA guidance and policy; and e. Is consistent with other provisions of this MOA. 5. IDEQ should pursue compliance and enforcement procedures consistent with EPA’s current NPDES guidance and policies. These include, but are not limited to, procedures associated with: violation detection, prioritization of violations (e.g., identification of significant noncompliance or other serious violations), determination of an appropriate initial response, escalation of enforcement in response to continuing noncompliance, provisions for public participation in the enforcement process, documentation of any action taken/not taken and of the return to compliance, and entry of enforcement data into EPA’s national data system. 6. Consistent with federal regulations at 40 CFR §123.27(a)(1), IDEQ must have enforcement authority for remedies (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to immediately and effectively restrain any person engaging in any unauthorized activity that is endangering or causing damage to public health or the environment. Pursuant to EPA’s 1986 NPDES State Program Guidance (Volume Two), IDEQ agrees to immediately notify EPA of any situation posing a substantial endangerment to health, welfare, or the environment resulting from the actual or threatened direct or indirect discharge of pollutants into waters of the United States. For violations that present imminent and substantial endangerment to the health, safety, or welfare of the public or the environment, IDEQ will take timely and appropriate enforcement action. Such action should be taken as soon as possible after IDEQ or EPA makes a determination that the condition or activity is of a nature, which if not abated, may pose an imminent and substantial endangerment as described by §504 of the CWA. 7. Copies of all enforcement actions (including informal actions, formal actions, and/or penalty actions) issued against all dischargers shall be retained and submitted to EPA upon request pursuant to 40 CFR §123.24(b)(3) and 40 CFR §123.41(a). 8. In accordance with 40 CFR §123.24(b)(3) and 40 CFR §123.41(a), IDEQ will retain and allow EPA to review reports, documents, and other information relevant to enforcement of its NPDES program. Examples of relevant information include documentation of: appropriate initial and follow up response and enforcement actions; enforcement actions that clearly define what the discharger is expected to do by a reasonable date certain, including any schedule which contains interim milestones necessary to measure the progress towards final compliance; and any assessment and collection of a civil penalty, when appropriate. Penalty records should include penalty calculations and their rationales. 9. IDEQ will maintain provisions providing for public participation in enforcement actions consistent with the requirements of 40 CFR §123.27(d) found at IDAPA 58.01.25.500.04.
Appears in 2 contracts
Samples: Memorandum of Agreement (Moa), Memorandum of Agreement (Moa)
Timely and Appropriate Enforcement. 1. The federal regulations at 40 CFR §123.27 establish the minimum requirements (i.e., remedies, penalties/fines, public participation) for enforcement authority for a State administering the NPDES program.
2. EPA and IPDES enforcement program guidance and policies describe agency goals and expectations for what constitutes timely and appropriate enforcement action. [EPA’s 1989 “NPDES Enforcement Management System (EMS)” and “Clarification of NPDES EMS Guidance on Timely and Appropriate Response to Significant Noncompliance
3. IDEQ is responsible for commencing and completing timely and appropriate enforcement actions against dischargers in violation of the laws and rules constituting the IPDES program, including any permit conditions or limitations, compliance schedules, pretreatment standards or requirements, or previous administrative or judicial enforcement actions. This responsibility encompasses violations detected through any means including the compliance monitoring activities set forth in this agreement.
4. EPA will consider an IDEQ enforcement action to be timely and appropriate if it:
a. Reflects the nature and severity of the violations and the overall degree of noncompliance and results in a return to compliance by the violator (EPA’s 1989 EMS and May 29, 2008 “Clarification of NPDES EMS Guidance on Timely and Appropriate Response to Significant Noncompliance Violations”);
b. Seeks or imposes, where appropriate, penalties that consider the factors set forth in §§309(d) and 309(g)(3) of the CWA, meet the requirements of 40 CFR §123.27, and are consistent with IDEQ’s or EPA’s penalty policy, criteria, and/or procedures;
c. Seeks injunctive relief for continuing noncompliance to return the discharger into compliance within a reasonable time frame. The injunctive relief should be accompanied by an appropriate, specified schedule containing interim milestones necessary to measure progress towards the final compliance date and goals;
d. Is commenced and completed taking into account the recommendations in the most recent EPA guidance and policy; and
e. Is consistent with other provisions of this MOA.
5. IDEQ should pursue compliance and enforcement procedures consistent with EPA’s current NPDES guidance and policies. These include, but are not limited to, procedures associated with: violation detection, prioritization of violations (e.g., identification of significant noncompliance or other serious violations), determination of an appropriate initial response, escalation of enforcement in response to continuing noncompliance, provisions for public participation in the enforcement process, documentation of any action taken/not taken and of the return to compliance, and entry of enforcement data into EPA’s national data system.
6. Consistent with federal regulations at 40 CFR §123.27(a)(1), IDEQ must have enforcement authority for remedies (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to immediately and effectively restrain any person engaging in any unauthorized activity that is endangering or causing damage to public health or the environment. Pursuant to EPA’s 1986 NPDES State Program Guidance (Volume Two), IDEQ agrees to immediately notify EPA of any situation posing a substantial endangerment to health, welfare, or the environment resulting from the actual or threatened direct or indirect discharge of pollutants into waters of the United States. For violations that present imminent and substantial endangerment to the health, safety, or welfare of the public or the environment, IDEQ will take timely and appropriate enforcement action. Such action should be taken as soon as possible after IDEQ or EPA makes a determination that the condition or activity is of a nature, which if not abated, may pose an imminent and substantial endangerment as described by §504 of the CWA.
7. Copies of all enforcement actions (including informal actions, formal actions, and/or penalty actions) issued against all dischargers shall be retained and submitted to EPA upon request pursuant to 40 CFR §123.24(b)(3) and 40 CFR §123.41(a).
8. In accordance with 40 CFR §123.24(b)(3) and 40 CFR §123.41(a), IDEQ will retain and allow EPA to review reports, documents, and other information relevant to enforcement of its NPDES program. Examples of relevant information include documentation of: appropriate initial and follow up response and enforcement actions; enforcement actions that clearly define what the discharger is expected to do by a reasonable date certain, including any schedule which contains interim milestones necessary to measure the progress towards final compliance; and any assessment and collection of a civil penalty, when appropriate. Penalty records should include penalty calculations and their rationales.
9. IDEQ will maintain provisions providing for public participation in enforcement actions consistent with the requirements of 40 CFR §123.27(d) found at IDAPA 58.01.25.500.04.
Appears in 1 contract
Samples: Memorandum of Agreement (Moa)
Timely and Appropriate Enforcement.
1. The federal regulations at 40 CFR §§ 123.27 establish the minimum requirements (i.e., remedies, penalties/fines, public participation) for enforcement authority for a State administering the NPDES program.
2. EPA and IPDES State NPDES enforcement program guidance and policies describe agency goals and expectations for what constitutes timely and appropriate enforcement action. [EPA’s 1989 “NPDES Enforcement Management System (EMS)” and “Clarification of NPDES EMS Guidance on Timely and Appropriate Response to Significant NoncomplianceNoncompliance Violations” (May 29, 2008)]
3. IDEQ The State is responsible for commencing and completing timely and appropriate enforcement actions against dischargers in violation of the laws and rules regulations constituting the IPDES State NPDES program, including any permit conditions or limitations, compliance schedules, pretreatment standards or requirements, or previous administrative or judicial enforcement actions. This responsibility encompasses violations detected through any means including the compliance monitoring activities set forth in this agreement.
4. EPA will consider an IDEQ considers a State enforcement action to be timely and appropriate if it:
a. Reflects the nature and severity of the violations and the overall degree of noncompliance and results in a return to compliance by the violator (EPA’s 1989 EMS and May 29, 2008 “Clarification Clarifications of NPDES EMS Guidance on Timely and Appropriate Response to Significant Noncompliance Violations”);
b. Seeks or imposes, where appropriate, penalties that consider the factors set forth in §§CWA sections 309(d) and 309(g)(3) of the CWA), meet the requirements of 40 CFR §§ 123.27, ; and are consistent with IDEQthe State’s or EPA’s penalty policy, criteria, and/or procedures;
c. Seeks injunctive relief for continuing noncompliance to return the discharger into compliance within a reasonable time frame. The injunctive relief should be accompanied by an appropriate, specified schedule containing interim milestones necessary to measure progress towards the final compliance date and goals;
d. Is commenced and completed taking into account the recommendations in the most recent EPA guidance and policy; and
e. Is consistent with other provisions of this MOA.
5. IDEQ The State should pursue compliance and enforcement procedures that are consistent with EPA’s current NPDES guidance and policies. These include, but are not limited to, procedures associated with: violation detection, prioritization of violations (e.g., identification of significant noncompliance or other serious violations), determination of an appropriate initial response, escalation of enforcement in response to continuing noncompliance, provisions for public participation in the enforcement process, documentation of any action taken/taken/ not taken and of the return to compliance, and entry of enforcement data into EPA’s national data system.
6. Consistent with The federal regulations at 40 CFR §§ 123.27(a)(1), IDEQ must ) require the State to have enforcement authority for remedies (e.g., an administrative cease and desist order or the ability to seek a temporary restraining order) to immediately and effectively restrain any person engaging in any unauthorized activity that is endangering or causing damage to public health or the environment. Pursuant to EPA’s 1986 NPDES State Program Guidance (Volume Two), IDEQ the State agrees to immediately notify EPA of any situation posing a substantial endangerment to health, welfare, or the environment resulting from the actual or threatened direct or indirect discharge of pollutants into waters of the United StatesState. For violations that which present imminent and substantial endangerment to the health, safety, or welfare of the public or the environment, IDEQ will EPA expects the State to take timely and appropriate enforcement action. Such action should be taken as soon as possible after IDEQ the State or EPA makes a determination that the condition or activity is of a naturenature which, which if not abated, may pose an imminent and substantial endangerment as described by §504 of the CWACWA section 504.
7. Copies of all enforcement actions (including informal actions, formal actions, and/or penalty actions) issued against all dischargers shall be retained and submitted to EPA upon request pursuant to 40 CFR §§ 123.24(b)(3) and 40 CFR §§ 123.41(a).
8. In accordance with 40 CFR §§ 123.24(b)(3) and 40 CFR §§ 123.41(a), IDEQ the State will retain and allow EPA to review reports, documents, and other information relevant to enforcement of its NPDES program. Examples of relevant information include documentation of: appropriate initial and follow up response and enforcement actions; enforcement actions that clearly define what the discharger is expected to do by a reasonable date certaincertain date, including any schedule which contains interim milestones necessary to measure the progress towards final compliance; and any assessment and collection of a civil penalty, when appropriate. Penalty records should include penalty calculations and their rationales.
9. IDEQ The State will maintain provisions providing for public participation in enforcement actions consistent with the requirements of 40 CFR §§ 123.27(d) found at IDAPA 58.01.25.500.04).
Appears in 1 contract
Samples: Memorandum of Agreement
