Common use of Safe Drinking Water Enforcement Oversight Clause in Contracts

Safe Drinking Water Enforcement Oversight. The State agrees that EPA will use the Uniform Enforcement Oversight System (UEOS) for evaluating the State’s enforcement performance in FY 2006. The State will be given the opportunity to reconcile the national database information and review a draft report of the assessment before the enforcement evaluation is finalized in FY 2006. The State commits to cooperate with EPA and provide access to State PWS files and data if EPA conducts an enforcement audit at the State office. The State commits to conducting sanitary surveys every 3 years (or 33.3%) for community surface water systems and every 5 years (or 20%) for non-community surface water and ground water systems; some unplanned surveys may be necessary for violation follow-up. The State commits to a goal of completing sanitary survey reports within 90 days of completion of fieldwork. The State agrees to provide copies of up to 25 sanitary survey reports after the end of the State FY for the purpose of conducting the uniform enforcement state oversight evaluation. The State commits to uploading the FY05 sanitary survey data (including compliance assistance visits and formal enforcement follow-up visits using the new codes) to SDWIS Fed by November 1, 2005 to enable EPA to access the data prior to the oversight evaluation. The State commits to submitting EPA/State Performance Partnership Agreement products in a timely manner. (UEOS enhanced oversight item) DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER FY 2006 GOALS

Safe Drinking Water Enforcement Oversight. The State agrees that EPA will use the new version of the Uniform Enforcement Oversight System (UEOS) for evaluating the State’s enforcement performance in FY 20062009. The State will be given the opportunity to reconcile the national database information and review a draft report of the assessment before the enforcement evaluation is finalized finalized. EPA will evaluate UEOS Question 6 to determine whether the State addressed each SNC prior to Exception status. EPA will conduct an on- site audit in FY 200609 and focus on complete and accurate uploading of violations to SDWIS-Fed. The State commits to cooperate with EPA and provide access to State PWS files and data if EPA conducts an enforcement audit at Except as noted below, the State office. The State commits shall commit to conducting sanitary surveys every 3 years for community surface water systems (or 33.3%) for community surface water systems and every 5 years (or 20%) for non-community surface water and ground water systems; some unplanned surveys may systems or 20%). State reserves the right to survey those Subpart H systems deemed by State to be necessary for violation follow-upwell maintained and operated, every five years rather than the three year frequency noted above. The State commits to a goal of completing sanitary Sanitary survey reports are to be completed within 90 days of completion of fieldworkfield work. The If EPA conducts a UEOS evaluation of targeted State agrees to provide sanitary surveys in FY09, EPA will request copies of up to 25 sanitary survey reports after the end of the State FY for the purpose of conducting the uniform enforcement state oversight evaluationreports. The State commits to uploading the FY05 entering all sanitary survey data (including compliance surveys and technical assistance visits and formal enforcement follow-up visits using the new codes) to into SDWIS Fed by November 115, 2005 2008 or provide EPA a list of sanitary surveys by PWS and source) completed in FY 08. The State will upload all SNC related enforcement actions and applicable return to compliance (RTC) codes into SDWIS-Fed quarterly, and particularly by June 30, 2009, for all such actions completed by that date. This will enable EPA to access complete its required reporting to EPA HQ by October 1, 2009. EPA encourages the State to develop management tools to ensure that enforcement actions are uploaded to SDWIS-Fed. This could include evaluating the success of the employee’s responsible for this data entry during their performance appraisal. EPA will also exert its influence with EPA HQ to encourage an automated RTC functionality into SDWIS-State and/or SDWIS-FED. Both the State and EPA recognizes that not uploading enforcement actions not only creates false Exceptions but also provides a misrepresentation of the State’s enforcement efforts to anyone using the national database. EPA recognizes that entering enforcement actions involves: a) the recognition of an RTC condition, a less than intuitive task given the myriad number of samples received by State and the expansive number of applicable EPA rules, b) identifying all violations that qualify to be RTC’d, c) determining the violation ID numbers for each of those violations, and d) entering the appropriate enforcement action codes and attaching them to the previously identified violation ID’s. EPA acknowledges that when State undertakes this overhead type of activity, State is serving the database so that the database can serve EPA. EPA recognizes that SDWIS-State, as it now exists without the RTC module, is not a tool to help State fulfill its requirement to report a major portion of its enforcement actions. Consequently, EPA commits to exert its influence in promoting an RTC module for SDWIS-State and SDWIS-FED. Further, EPA commits to report its efforts in promoting the RTC functionality in SDWIS-State and SDWIS-FED to State at the end of the FY. The State will develop management and employee tools for tracking systems that are under enforcement which could include employees submitting a quarterly case status report to management for systems under enforcement. The State is aware that EPA will issue a press release twice each year listing the federal enforcement actions that EPA has taken in Utah for the previous 6-month period. As with all EPA press releases, the content will be non-negotiable unless it's a clerical error and this agreement is only applicable to the 2008 PPA. EPA is aware the State may issue a response press release containing clarifying and correcting comments regarding EPA’s press release if State see a need for it. EPA will confer with the State regarding the compliance status of EPA orders issued to Utah PWSs, will list the violations contained in the orders and their current compliance status (according to the SNC definition of compliance) in the enforcement press release, and will provide a courtesy copy of the press release 24 hours prior to the oversight evaluationrelease. Sanitary Surveys The State commits shall submit to submitting EPA/the Region 8 Drinking Water Program an evaluation of its program for conducting Subpart H System Sanitary Surveys in accordance with 40 CFR 142.16(b)(3) during calendar year 2008 as required by 40 CFR 142.15(a)(5) by February 15, 2009. EPA will continue to encourage the State Performance Partnership Agreement products to ensure that violation letters are sent to PWSs for each violation incurred. This could include evaluating the success of rule managers in a timely manner. (UEOS enhanced oversight item) DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER FY 2006 GOALScompleting this task during their performance appraisal and spot-checking during the year to assist in determining this success.

Safe Drinking Water Enforcement Oversight. The State agrees that EPA will use the new version of the Uniform Enforcement Oversight System (UEOS) for evaluating the State’s enforcement performance in FY 20062009. The State will be given the opportunity to reconcile the national database information and review a draft report of the assessment before the enforcement evaluation is finalized finalized. EPA will evaluate UEOS Question 6 to determine whether the State addressed each SNC prior to Exception status. EPA will conduct an on- site audit in FY 200609 and focus on complete and accurate uploading of violations to SDWIS-Fed. The State commits to cooperate with EPA and provide access to State PWS files and data if EPA conducts an enforcement audit at Except as noted below, the State office. The State commits shall commit to conducting sanitary surveys every 3 years for community surface water systems (or 33.3%) for community surface water systems and every 5 years (or 20%) for non-community surface water and ground water systems; some unplanned surveys may systems or 20%). State reserves the right to survey those Subpart H systems deemed by State to be necessary for violation follow-upwell maintained and operated, every five years rather than the three year frequency noted above. The State commits to a goal of completing sanitary Sanitary survey reports are to be completed within 90 days of completion of fieldworkfield work. The If EPA conducts a UEOS evaluation of targeted State agrees to provide sanitary surveys in FY09, EPA will request copies of up to 25 sanitary survey reports after the end of the State FY for the purpose of conducting the uniform enforcement state oversight evaluationreports. The State commits to uploading the FY05 entering all sanitary survey data (including compliance surveys and technical assistance visits and formal enforcement follow-up visits using the new codes) to into SDWIS Fed by November 115, 2005 2008 or provide EPA a list of sanitary surveys by PWS and source) completed in FY 08. The State will upload all SNC related enforcement actions and applicable return to compliance (RTC) codes into SDWIS-Fed quarterly, and particularly by June 30, 2009, for all such actions completed by that date. This will enable EPA to access complete its required reporting to EPA HQ by October 1, 2009. EPA encourages the State to develop management tools to ensure that enforcement actions are uploaded to SDWIS-Fed. This could include evaluating the success of the employee’s responsible for this data entry during their performance appraisal. EPA will also exert its influence with EPA HQ to encourage an automated RTC functionality into SDWIS-State and/or SDWIS-FED. Both the State and EPA recognizes that not uploading enforcement actions not only creates false Exceptions but also provides a misrepresentation of the State’s enforcement efforts to anyone using the national database. EPA recognizes that entering enforcement actions involves: a) the recognition of an RTC condition, a less than intuitive task given the myriad number of samples received by State and the expansive number of applicable EPA rules, b) identifying all violations that qualify to be RTC’d, c) determining the violation ID numbers for each of those violations, and d) entering the appropriate enforcement action codes and attaching them to the previously identified violation ID’s. EPA acknowledges that when State undertakes this overhead type of activity, State is serving the database so that the database can serve EPA. EPA recognizes that SDWIS-State, as it now exists without the RTC module, is not a tool to help State fulfill its requirement to report a major portion of its enforcement actions. Consequently, EPA commits to exert its influence in promoting an RTC module for SDWIS-State and SDWIS-FED. Further, EPA commits to report its efforts in promoting the RTC functionality in SDWIS-State and SDWIS-FED to State at the end of the FY. The State will develop management and employee tools for tracking systems that are under enforcement which could include employees submitting a quarterly case status report to management for systems under enforcement. The State is aware that EPA will issue a press release twice each year listing the federal enforcement actions that EPA has taken in Utah for the previous 6-month period. As with all EPA press releases, the content will be non-negotiable unless it's a clerical error and this agreement is only applicable to the 2008 PPA. EPA is aware the State may issue a response press release containing clarifying and correcting comments regarding EPA’s press release if State see a need for it. EPA will confer with the State regarding the compliance status of EPA orders issued to Utah PWSs, will list the violations contained in the orders and their current compliance status (according to the SNC definition of compliance) in the enforcement press release, and will provide a courtesy copy of the press release 24 hours prior to the oversight evaluation. The State commits to submitting EPA/State Performance Partnership Agreement products in a timely manner. (UEOS enhanced oversight item) DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER FY 2006 GOALSrelease.

Safe Drinking Water Enforcement Oversight. The State agrees that EPA will use the Uniform Enforcement Oversight System (UEOS) for evaluating the State’s enforcement performance in FY 2006. The State will be given the opportunity to reconcile the national database information and review a draft report of the assessment before the enforcement evaluation is finalized in FY 2006. The State commits to cooperate with EPA and provide access to State PWS files and data if EPA conducts an enforcement audit at the State office. The State commits to conducting sanitary surveys every 3 years (or 33.3%) for community surface water systems and every 5 years (or 20%) for non-community non­community surface water and ground water systems; systems; some unplanned surveys may be necessary for violation follow-upfollow­up. The State commits to a goal of completing sanitary survey reports within 90 days of completion of fieldwork. The State agrees to provide copies of up to 25 sanitary survey reports after the end of the State FY for the purpose of conducting the uniform enforcement state oversight evaluation. The State commits to uploading the FY05 sanitary survey data (including compliance assistance visits and formal enforcement follow-up follow­up visits using the new codes) to SDWIS Fed by November 1, 2005 to enable EPA to access the data prior to the oversight evaluation. The State commits to submitting EPA/State Performance Partnership Agreement products in a timely manner. (UEOS enhanced oversight item) DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER FY 2006 GOALS

Safe Drinking Water Enforcement Oversight. The State agrees that EPA will use the new version of the Uniform Enforcement Oversight System (UEOS) for evaluating the State’s enforcement performance in FY 20062007. The State will be given the opportunity to reconcile the national database information and review a draft report of the assessment before the enforcement evaluation is finalized in FY 2006finalized. The State commits to cooperate with EPA and provide access to State PWS files and data if EPA conducts an enforcement audit at Except as noted below, the State office. The State commits shall commit to conducting sanitary surveys every 3 years for community surface water systems (or 33.3%) for community surface water systems and every 5 years (or 20%) for non-community surface water and ground water systems; some unplanned surveys may systems or 20%). State reserves the right to survey those Subpart H systems deemed by State to be necessary for violation follow-upwell maintained and operated, every five years rather than the three year frequency noted above. The State commits to a goal of completing sanitary Sanitary survey reports are to be completed within 90 days of completion of fieldworkfield work. The State agrees to provide EPA will request copies of up to 25 sanitary survey reports after the end of the State FY for the purpose of conducting the uniform enforcement state an oversight evaluation. The State commits to uploading the FY05 entering all sanitary survey data (including compliance surveys and technical assistance visits and formal enforcement follow-up visits using the new codes) to into SDWIS Fed by November 115, 2005 2007 or provide EPA a list of sanitary surveys by PWS and source) completed in FY 07. The State will upload all enforcement actions and applicable return to compliance codes into SDWIS-Fed quarterly, and particularly by June 30, 2008 for all such actions completed by that date. This will enable EPA to access complete its required reporting to EPA HQ by October 1, 2008. The State recognizes that not uploading enforcement actions not only creates false Exceptions but also provides a misrepresentation of the data State’s enforcement efforts to anyone using the national database. EPA will support the State's efforts in seeking a SDWIS automated return to compliance computer program. The State will develop management and employee tools for tracking systems that are under enforcement which could include employees submitting a quarterly case status report to management for systems under enforcement. The State is aware that EPA will issue a press release twice each year listing the federal enforcement actions that EPA has taken in Utah for the previous 6-month period. EPA will confer with the State regarding the compliance status of EPA orders issued to Utah PWSs, will list the violations contained in the orders and their current compliance status (according to the SNC definition of compliance) in the enforcement press release, and will provide a courtesy copy of the press release 24 hours prior to the oversight evaluationrelease. The State commits As with all EPA press releases, the content will be non-negotiable unless it's a clerical error such as was fixed with the misspelling of Heber last time, and this agreement is only applicable to submitting EPA/State Performance Partnership Agreement products in a timely manner. (UEOS enhanced oversight item) DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF DRINKING WATER FY 2006 GOALSthe 2008 PPA.