Common use of Compliance Monitoring and Enforcement Clause in Contracts

Compliance Monitoring and Enforcement. A. EPA will continue to directly implement its authority for the 404 Permit Program in “Indian country,” as that term is defined at 18 U.S.C. § 1151, including conducting necessary compliance monitoring and enforcement actions for activities and sites located on Indian country. B. EPA will retain responsibility for any pending enforcement actions undertaken by EPA prior to the date of EPA’s approval of the State 404 Permit Program. FDEP shall have primary responsibility for compliance monitoring and enforcement of the State 404 Permit Program. FDEP will take timely and appropriate enforcement action against persons in violation of permit conditions of permits issued pursuant to the State 404 Permit Program and against persons conducting unauthorized discharges of dredged or fill material into waters of the United States over which FDEP has assumed jurisdiction under the State 404 Permit Program. C. FDEP shall notify EPA of the status of compliance and enforcement actions through submission of an annual report described in Section IV.B. of this Agreement. D. EPA may request the opportunity to review any compliance and enforcement record. FDEP shall provide to EPA a copy of the file when requested. Claims of confidentiality for such information shall be governed by 40 C.F.R. § 233.3. E. FDEP shall coordinate with EPA when a violation is identified that is within the permit and discharge categories in Section II.B.(1) of this Agreement. FDEP shall provide a summary of the unauthorized activity and inform EPA of the status of the file as enforcement actions are taken, including any decision to accept an after-the-fact permit application. In the event that an after-the- fact permit application is accepted, FDEP shall follow the permit review procedures set forth in this Agreement, the CWA and its implementing regulations. F. FDEP may refer information regarding possible or alleged violations to EPA and may request that EPA consider initiating a parallel or independent enforcement action. Such circumstances include, but are not limited to: (1) Violations that have or have a reasonable potential to have direct impacts on waters of a tribe or another state; (2) Major or repeat offenses; and (3) Violations that have, or will potentially have, major adverse resource impacts or impacts on special federal resources, such as federally listed threatened or endangered species. G. EPA may initiate independent or parallel enforcement actions in accordance with Sections 309 and 404(n) of the CWA. H. If FDEP proposes to resolve a compliance or enforcement issue through a consent agreement (administrative or judicial), and where the impact of the violation is such that federal review would not be waived as described in Section II.B.(1) of this Agreement, FDEP shall provide EPA 30 days to review and comment on the draft consent agreement prior to signature. If EPA objects to a provision of the draft consent agreement, the executed consent agreement implementing that provision shall not constitute authorization under Section 404 of the CWA. FDEP shall provide a copy of the executed consent agreement and any after-the-fact State 404 permits to EPA. I. FDEP shall provide for public participation in the State 404 Permit Program enforcement process pursuant to 40 C.F.R. § 233.41(e)(2). J. Prior to proceeding with federal enforcement action against a possible or alleged State 404 Permit Program permit violator or unauthorized discharge, and for purposes of providing notice only, EPA shall inform FDEP (specifically to the Secretary of FDEP or his/her designee) that federal enforcement action is to be initiated. It is expected that preliminary staff discussions will take place between EPA and FDEP representatives before initiation of federal enforcement actions. K. When a violation is identified that may affect the waters of tribes and/or other states, FDEP shall provide a summary of the violation and inform the tribes and/or other states of the status of the file as enforcement actions are taken, including any decision to accept an after-the- fact permit application.

Compliance Monitoring and Enforcement. A. (1) EPA will continue to directly implement its authority for the 404 Permit Program in “Indian country,” as that term is defined at 18 U.S.C. § 1151, including conducting necessary compliance monitoring and enforcement actions for activities and sites located on Indian country. B. (2) EPA will retain responsibility for any pending enforcement actions undertaken by EPA prior to the date of EPA’s approval of the State 404 Permit Program. FDEP DEP shall have primary responsibility for compliance monitoring and enforcement of the State 404 Permit Program. FDEP DEP will take timely and appropriate enforcement action against persons in violation of permit conditions of permits issued pursuant to the State 404 Permit Program and against persons conducting unauthorized discharges of dredged or fill material into waters of the United States over which FDEP DEP has assumed jurisdiction under the State 404 Permit Program. C. FDEP (3) DEP shall notify EPA of the status of compliance and enforcement actions through submission of an annual report described in Section IV.B. of this Agreement. D. (4) EPA may request the opportunity to review any compliance and enforcement record. FDEP DEP shall provide to EPA a copy of the file when requested. Claims of confidentiality for such information shall be governed by 40 C.F.R. § 233.3. E. FDEP (5) DEP shall coordinate with EPA when a violation is identified that is within the permit and discharge categories in Section II.B.(1) of this Agreement. FDEP DEP shall provide a summary of the unauthorized activity and inform EPA of the status of the file as enforcement actions are taken, including any decision to accept an after-the-fact permit application. In the event that an after-the- the-fact permit application is accepted, FDEP DEP shall follow the permit review procedures set forth in this Agreement, the CWA and its implementing regulations. F. FDEP (6) DEP may refer information regarding possible or alleged violations to EPA and may request that EPA consider initiating a parallel or independent enforcement action. Such circumstances include, but are not limited to: (1) a. Violations that have or have a reasonable potential to have direct impacts on waters of a tribe or another state; (2) b. Major or repeat offenses; and (3) c. Violations that have, or will potentially have, major adverse resource impacts or impacts on special federal resources, such as federally listed threatened or endangered species. G. (7) EPA may initiate independent or parallel enforcement actions action in accordance with Sections 309 and 404(n) of the CWA. H. (8) If FDEP DEP proposes to resolve a compliance or enforcement issue through a consent agreement (administrative or judicial), and where the impact of the violation is such that federal review would not be waived as described in Section II.B.(1) of this Agreement, FDEP DEP shall provide EPA 30 days to review and comment on the draft consent agreement prior to signature. If EPA objects to a provision of the draft consent agreement, the executed consent agreement implementing that provision shall not constitute authorization under Section 404 of the CWA. FDEP DEP shall provide a copy of the executed consent agreement and any after-the-fact State 404 permits to EPA. I. FDEP (9) DEP shall provide for public participation in the State 404 Permit Program enforcement process pursuant to 40 C.F.R. § 233.41(e)(2). J. (10) Prior to proceeding with federal enforcement action against a possible or alleged State 404 Permit Program permit violator or unauthorized discharge, and for purposes of providing notice only, EPA shall inform FDEP (specifically to the Secretary of FDEP or his/her designee) DEP that federal enforcement action is to be initiated. This notification shall be made to the Secretary of DEP or his/her designee. It is expected that preliminary staff discussions will take place between EPA and FDEP DEP representatives before initiation of federal enforcement actionsaction. K. (11) When a violation is identified that may affect the waters of tribes and/or other states, FDEP DEP shall provide a summary of the violation and inform the tribes and/or other states of the status of the file as enforcement actions are taken, including any decision to accept an after-the- the-fact permit application.

Compliance Monitoring and Enforcement. A. EPA will continue to directly implement its authority for the 404 Permit Program in “"Indian country,” " as that term is defined at 18 U.S.C. § 11511 151, including conducting necessary compliance monitoring and enforcement actions for activities and sites located on Indian country. B. EPA will retain responsibility for any pending enforcement actions undertaken by EPA prior to the date of EPA’s 's approval of the State 404 Permit Program. FDEP shall have primary responsibility for compliance monitoring and enforcement of the ofthe State 404 Permit Program. FDEP will take timely . and appropriate enforcement action against persons in violation of permit conditions of permits issued pursuant to the State 404 Permit Program and against persons conducting unauthorized discharges of dredged or fill material into waters of the United States over which FDEP has assumed jurisdiction under the State 404 Permit Program. C. FDEP shall notify EPA of the status of compliance and enforcement actions through submission of an annual report described in Section IV.B. of this Agreement. D. EPA may request the opportunity to review any compliance and enforcement record. FDEP shall provide to EPA a copy of the file when requested. Claims of confidentiality for such information shall be governed by 40 C.F.R. § 233.3.. Memorandum ofAgreement Between the Florida Department ofEnvironmental Protection Page 9 and the United States Environmental Protection Agency E. FDEP shall coordinate with EPA when a violation is identified that is within the permit and discharge categories in Section II.B.(1) of this Agreement. FDEP shall provide a summary of the unauthorized activity and inform EPA of the ofthe status of the file as enforcement actions are taken, including any decision to accept an after-the-fact permit application. In the event that an after-the- the­ fact permit application is accepted, FDEP shall follow the permit review procedures set forth in this Agreement, the CWA and its implementing regulations. F. FDEP may refer information regarding possible or alleged violations to EPA and may request that EPA consider initiating a parallel or independent enforcement action. Such circumstances include, but are not limited to: (1) Violations that have or have a reasonable potential to have direct impacts on waters of a tribe or another state; (2) Major or repeat offenses; and (3) Violations that have, or will potentially have, major adverse resource impacts or impacts on special federal resources, such as federally listed threatened or endangered species. G. EPA may initiate independent or parallel enforcement actions in accordance with Sections 309 and 404(n) of the CWA. H. If FDEP proposes to resolve a compliance or enforcement issue through a consent agreement (administrative or judicial), and where the impact of the violation is such that federal review would not be waived as described in Section II.B.(111.B.(1) of this ofthis Agreement, FDEP shall provide EPA 30 days to review and comment on the draft consent agreement prior to signature. If EPA objects to a provision of the draft consent agreement, the executed consent agreement implementing that provision shall not constitute authorization under Section 404 of the CWA. FDEP shall provide a copy of the executed consent agreement and any after-the-fact State 404 permits to EPA. I. FDEP shall provide for public participation in m the State 404 Permit Program enforcement process pursuant to 40 C.F.R. § 233.41(e)(2233.4 1(e)(2). J. Prior to proceeding with federal enforcement action against a possible or alleged State 404 Permit Program permit violator or unauthorized discharge, and for purposes of providing notice only, EPA shall inform FDEP (specifically to the Secretary of FDEP or his/her designee) that federal enforcement action is to be initiated. It is expected that preliminary staff discussions will take place between EPA and FDEP representatives before initiation of federal enforcement actions. K. When a violation is identified that may affect the waters of tribes and/or other states, FDEP shall provide a summary of the violation and inform the tribes and/or other states of the Memorandum ofAgreement Between the Florida Department ofEnvironmental Protection Page 10 and the United States Environmental Protection Agency status of the file as enforcement actions are taken, including any decision to accept an after-the- the­ fact permit application.

Compliance Monitoring and Enforcement. A. EPA will continue to directly implement its authority for the 404 Permit Program in “Indian country,” as that term is defined at 18 U.S.C. § 1151, including conducting necessary compliance monitoring and enforcement actions for activities and sites located on Indian country. B. EPA will retain responsibility for any pending enforcement actions undertaken by EPA prior to the date of EPA’s approval of the State 404 Permit Program. FDEP DEP shall have primary responsibility for compliance monitoring and enforcement of the State 404 Permit Program. FDEP DEP will take timely and appropriate enforcement action against persons in violation of permit conditions of permits issued pursuant to the State 404 Permit Program and against persons conducting unauthorized discharges of dredged or fill material into waters of the United States over which FDEP DEP has assumed jurisdiction under the State 404 Permit Program. C. FDEP DEP shall notify EPA of the status of compliance and enforcement actions through submission of an annual report described in Section IV.B. of this Agreement. D. EPA may request the opportunity to review any compliance and enforcement record. FDEP DEP shall provide to EPA a copy of the file when requested. Claims of confidentiality for such information shall be governed by 40 C.F.R. § 233.3. E. FDEP DEP shall coordinate with EPA when a violation is identified that is within the permit and discharge categories in Section II.B.(1) of this Agreement. FDEP DEP shall provide a summary of the unauthorized activity and inform EPA of the status of the file as enforcement actions are taken, including any decision to accept an after-the-fact permit application. In the event that an after-the- the-fact permit application is accepted, FDEP DEP shall follow the permit review procedures set forth in this Agreement, the CWA and its implementing regulations. F. FDEP DEP may refer information regarding possible or alleged violations to EPA and may request that EPA consider initiating a parallel or independent enforcement action. Such circumstances include, but are not limited to: (1) Violations that have or have a reasonable potential to have direct impacts on waters of a tribe or another state; (2) Major or repeat offenses; and (3) Violations that have, or will potentially have, major adverse resource impacts or impacts on special federal resources, such as federally listed threatened or endangered species. G. EPA may initiate independent or parallel enforcement actions action in accordance with Sections 309 and 404(n) of the CWA. H. If FDEP DEP proposes to resolve a compliance or enforcement issue through a consent agreement (administrative or judicial), and where the impact of the violation is such that federal review would not be waived as described in Section II.B.(1) of this Agreement, FDEP DEP shall provide EPA 30 days to review and comment on the draft consent agreement prior to signature. If EPA objects to a provision of the draft consent agreement, the executed consent agreement implementing that provision shall not constitute authorization under Section 404 of the CWA. FDEP DEP shall provide a copy of the executed consent agreement and any after-the-fact State 404 permits to EPA. I. FDEP DEP shall provide for public participation in the State 404 Permit Program enforcement process pursuant to 40 C.F.R. § 233.41(e)(2). J. Prior ▇. ▇▇▇▇▇ to proceeding with federal enforcement action against a possible or alleged State 404 Permit Program permit violator or unauthorized discharge, and for purposes of providing notice only, EPA shall inform FDEP (specifically to the Secretary of FDEP or his/her designee) DEP that federal enforcement action is to be initiated. This notification shall be made to the Secretary of DEP or his/her designee. It is expected that preliminary staff discussions will take place between EPA and FDEP DEP representatives before initiation of federal enforcement actionsaction. K. When a violation is identified that may affect the waters of tribes and/or other states, FDEP DEP shall provide a summary of the violation and inform the tribes and/or other states of the status of the file as enforcement actions are taken, including any decision to accept an afterafter- the-the- fact permit application.