Enforcement

1. Enforcement Samantha Adams MPCA

2. Can counties do enforcement? • Yes • No, only MPCA can • I don’t want to do enforcement, can’t we just assist and educate

3. Enforcement Topics for New CFOs • CFO Toolbox/ Resources • Protocol – Inspection to Enforcement • Enforcement Overview • Letter of Warning • Notice of Violation • Alleged Violations Letter • Request for Information • Enforcement Experiences/ Referral Policy

4. Enforcement Resources: • CFO Toolbox • Compliance and Enforcement Team (CFOs and MPCA) • MPCA Feedlot Regional Compliance Staff http://www.pca.state.mn.us/publications/wq-f1-11.pdf

5. CFO Toolbox

6. What enforcement tools, should I use a template for from the CFO Toolbox? • LOW • NOV • Inspection Letter • Interim Permit • A & B

7. Protocol – Inspection to Enforcement • Inspection • Maintain confidentiality • Inspection as a result of a complaint • Tennessen Warning

8. Protocol – Inspection to Enforcement • Public verses Private Information • If the MPCA or Delegated County is undertaking an investigation that will likely lead to a “formal” enforcement proceeding (i.e., an administrative penalty order, a stipulation agreement, or a consent order), the enforcement file is “non-public” as an active investigation relation.

9. When is the Tenessen warning given? • Prior to taking a complaint • After a complaint is taken • When issuing a permit • Prior to issuing a LOW or NOV

10. Protocol - Inspection to Enforcement • Documentation • Non-NPDES Inspection Checklist • Photographs • Second person • http://www.pca.state.mn.us/index.php/view-document.html?gid=3819

11. What is it? A notice sent to the Regulated Party (RP) to document violations discovered during an inspection, complaint follow-up or review of submittals. Includes citation of the statute, rule, permit condition or document violated. Requires corrective actions to return the facility to compliance. Usually allows RP from 7 to 30 days to complete it. Letter of Warning - LOW

12. Letter of Warning - LOW • Who issues and when? • Inspector issues an LOW within 30 days of the date of discovery. • Addressed to the person the RP (owner). • Follow up: • May include meetings, telephone calls, and further inspections or reviews to determine if corrective actions have been completed. • If the RP does not respond to corrective actions - take to forum for next enforcement step.

13. What enforcement tool would you use in this situation; a facility has failed to comply with their interim permit requirement to submit a manure management plan? • LOW • NOV

14. What is it? A notice issued to RP to document violations more serious or numerous than can be addressed in an LOW For corrective actions greater than 30 days to complete and could not be resolved with an APO. Describe corrective actions taken immediately. Does not contain a monetary penalty. Three sections: (1) list and description of alleged violations (2) corrective actions and/or request for information (3) statement (serving as a formal notice) that the violations have been documented by the regulating authority. submittal verifying that the RP completed the corrective action and the date completed. submittals may serve as resolution of the alleged violation(s) or to facilitate the gathering of more information about the violation(s). Notice of Violation - NOV

15. Notice of Violation - NOV • Who issues and when? • After a discussion with Supervisor and Compliance Coordinator • What accompanies the NOV? • Sent with a cover letter, which explains that an NOV is being issued for the alleged violations. • Addressed to RP’s highest ranking official. It also may be necessary to send copies of the NOV to other RP officials (corporateheadquarters). • Follow up: • May include meetings, telephone calls, and further inspections or reviews to determine if corrective actions have been completed. • If the RP does not respond to corrective actions - take to forum for next enforcement step.

16. Notice of Violation – NOV:MPCA Process

17. Notice of Violation – NOV: CFO Process • Notice Of Violation Process • Collaborative Effort between CFO’s and MPCA

18. What enforcement tool would you use in this situation; a producer failed to report a spill that reached a drainage ditch. • LOW • NOV • NOV and referral to MPCA

20. Alleged Violations Letter (AVL) • What is it? • Written allegation, including a description of the violations observed by staff during an inspection or found by staff in conducting a file review. • AVLs may request corrective action and they document the MPCA’s allegation of violations. • RP gets ten days to disagree with the observations. If no response, staff should determine if the RP intends to respond. • Who issues and when? • Inspector issues an AVL within 30 days of the date of discovery. • Addressed to the person the RP (owner). • Precedes Administrative Penalty Orders (APO) or a Request For Information (RFI).

21. Request for Information (RFI) • What is it? • Letter asking the RP to provide evidence of compliance, an explanation of noncompliance, or other information. • Does not describe violations, nor does it require corrective action. • Seeks information (by a specified date) to evaluate compliance status. (Common that an RFI be sent as part of a enforcement document such as an AVL or a NOV.) • Who issues and when? • Inspector issues when necessary. • Addressed to the person the RP (owner). • Follow up: • If the RP does not respond to the RFI within the specified time period, find out why. • Whether additional enforcement action is required will depend upon the response.

22. Enforcement Referral Policy

23. I would be willing to do issue an LOW or NOV as necessitated. • Yes • No • Never, that is just for MPCA

24. Enforcement Topics for New CFOs • CFO Toolbox/ Resources • Protocol – Inspection to Enforcement • Enforcement Overview • Letter of Warning • Notice of Violation • Alleged Violations Letter • Request for Information • Enforcement Experiences/Referral Policy