Common use of State Responsibilities Clause in Contracts

State Responsibilities. IDEQ will exercise the legal authority contained in its state rules and statutes and, to the maximum extent possible, maintain the resources required to carry out all aspects of the approved IPDES program. The IDEQ program approved to implement the NPDES program pursuant to the requirements of the CWA is implemented through the Idaho Rules Regulating the Idaho Pollutant Discharge Elimination System Program (IDAPA 58.01.25) and the authorities set forth in Chapter 1, Title 39, Idaho Code. In accordance with the priorities and procedures established in this MOA and/or as described in the PPA or other binding agreement between EPA and IDEQ, IDEQ will: 1. Create and maintain the legal authority and, to the maximum extent possible, secure the resources required to carry out all aspects of the IPDES program, including revisions to State program legal authorities, in accordance with 40 CFR Parts 123, 403 and 503. 2. Administer the authorized program, including receiving permit applications, issuing or denying IPDES permits, and providing compliance and enforcement activities in compliance with state authorities that are consistent with applicable federal laws. 3. Issue and administer general permits, in accordance with IDEQ requirements consistent with 40 CFR §122.28, to the extent the IDEQ issues general permits. 4. Ensure that EPA is kept fully informed and up-to-date regarding: a. Draft and final policy and program development documents related to the IPDES program and/or IDEQ’s ability to fully implement the IPDES program; b. Draft, proposed, and final statutes, rules and/or regulations related to the IPDES, program and/or IDEQ’s ability to fully implement the IPDES program; c. New case law, settlement agreements, and remands of rules related to the IPDES program and/or IDEQ’s ability to fully implement the IPDES program; and d. Draft, proposed, and final technical guidance and policies, which pertain to the IPDES program and/or IDEQ’s ability to fully implement the IPDES program. 5. Ensure that any proposed revision of the IPDES program is submitted to EPA for approval pursuant to 40 CFR §123.62(b). 6. Revise the IPDES program including revisions to state rules, as needed to conform to new federal regulations, within two years of the date of promulgation of the new federal statutory amendments or regulations, as provided in 40 CFR §§123.62(e) and 403.10. 7. Process IPDES permit applications in a timely manner and propose to issue, reissue, modify, terminate, deny, or revoke and reissue IPDES permits consistent with IDAPA 58.01.25. 8. Develop and maintain a Continuing Planning Process document per CWA §303(e) and 40 CFR §130.5. Activities to maintain current planning processes may be identified in the PPA. 9. Comprehensively evaluate and assess facility compliance with enforceable documents including permits, administrative orders, consent orders, court orders, and any applicable enforcement actions which deal with IPDES program issues including compliance with permit conditions, effluent limitations, reporting, best management practices, compliance schedules, and operation and maintenance. 10. Maintain a vigorous program of taking timely and appropriate enforcement actions for IPDES permit violations, unpermitted discharges, pretreatment program, and sewage sludge program violations in accordance with Idaho statutes and rules, and consistent with federal NPDES requirements. IDEQ agrees to review the EPA’s national and regional policies and guidance when adopting corresponding or related IDEQ policies and guidance and agrees to adopt IDEQ policies or guidance that are consistent with the CWA and applicable federal regulations. In the absence of IDEQ policies and guidance, IDEQ agrees to consider implementing EPA’s policy and guidance. 11. Maintain an effective program to carry out the pretreatment responsibilities in accordance with 40 CFR §§403.8(f) and 403.10(e) and (f), to the extent IDEQ has pretreatment approval. 12. Maintain an effective program to carry out the sewage sludge responsibilities in accordance with 40 CFR Part 503. 13. Maintain information, which must be easily accessible to EPA, for program evaluation for each IPDES permit and for each significant industrial user (SIU) for which IDEQ is the control authority for a minimum of the previous five years or until such permit is reissued; this includes, but is not limited to the minimum data requirements for national databases. This information will also be available to the public to the extent required by §308(b) of the Clean Water Act, except to the extent it is enforcement confidential. Where applicable, such files must include, at a minimum, copies of: a. permit application, including attachments; b. proposed permit and/or current final issued permit, or final order of denial; c. fact sheet or statement of basis, including effluent data; d. draft permit submitted for public notice and comment; e. public notice; f. timely public comments received in writing, orally at a public meeting, and IDEQ’s response to comments; g. annual reports from permittees, if required; h. the rationale, if not included in the fact sheet, which details the permit limit calculations and development. The rationale will include both the technology and the water quality basis for the draft or proposed permit; i. studies supporting permit limits (e.g., wasteload allocation, total maximum daily load, site specific analysis, and in-stream sampling data); j. all discharge monitoring reports (DMRs), including whole effluent toxicity (WET), toxicity reduction evaluation (TRE), and in-stream sampling requirements; k. all relevant inspection reports and compliance information; l. all enforcement related documents for both formal and informal actions, including penalty calculation, assessment and collection; m. relevant Compliance Schedule Reports; n. storm water related documents, including storm water management plans and pollution prevention plans received by the State; o. information regarding any bypass events and/or sanitary sewer overflows (SSOs); p. requests for hearings, appeals, and any order issued by the State with respect to an appeal; q. all pretreatment related documents, including the permittee’s pretreatment program and annual report, as applicable; r. concentrated animal feeding operation (CAFO) related documents submitted by the CAFO to IDEQ; and s. other pertinent information and correspondence. 14. Submit to EPA the information described in Appendix A of 40 CFR 127 and identified in section X.D of this MOA. Additionally, upon request by EPA, IDEQ will submit specific information and allow access to any files necessary for evaluating IDEQ’s administration of the IPDES, pretreatment, and sewage sludge programs within a time-frame agreed upon by EPA and IDEQ in the PPA. 15. Ensure that the conditions of the draft permit are written to achieve applicable water quality requirements of all affected or downstream States and Indian Tribes, and that all affected States and Indian Tribes are, at a minimum, provided timely notice of such draft permit and any other information requested per IDAPA 58.01.25.302.06.c. 16. Input or ensure reporting for all regulatory nationally required data elements for all IPDES regulated facilities [e.g., majors, non-majors, storm water, pretreatment (SIUs where the State is the control authority), concentrated aquatic animal production (CAAP) facilities, and CAFOs] into ICIS-NPDES, or its successors, as provided under 40 CFR §123.27 17. Make available to EPA any information obtained or used by IDEQ under the IPDES, pretreatment, and sewage sludge programs upon request without restriction due to claims of confidentiality unless otherwise required by law. IDEQ will determine if information submitted by an applicant under a claim of confidentiality is confidential (i.e., confidential business information) in accordance with state law and identify the material accordingly. EPA will be informed of any confidential information that is transmitted to EPA. EPA will treat such claims as confidential in accordance with 40 CFR Part 2 Subpart B and 40 CFR §§122.7 and 403.14.

State Responsibilities. IDEQ will exercise the legal authority contained in its state rules and statutes and, to the maximum extent possible, maintain the resources required to carry out all aspects of the approved IPDES program. The IDEQ program approved to implement the NPDES program pursuant to the requirements of the CWA is implemented through the Idaho Rules Regulating the Idaho Pollutant Discharge Elimination System Program (IDAPA 58.01.25) and the authorities set forth in Chapter 1, Title 39, Idaho Code. In accordance with the priorities and procedures established in this MOA and/or as described in the PPA or other binding agreement between EPA and IDEQ, IDEQ will: 1. Create and maintain the legal authority and, to the maximum extent possible, secure the resources required to carry out all aspects of the IPDES program, including revisions to State program legal authorities, in accordance with 40 CFR Parts 123, 403 and 503. 2. Administer the authorized program, including receiving permit applications, issuing or denying IPDES permits, and providing compliance and enforcement activities in compliance with state authorities that are consistent with applicable federal laws. 3. Issue and administer general permits, in accordance with IDEQ requirements consistent with 40 CFR §122.28, to the extent the IDEQ issues general permits. 4. Ensure that EPA is kept fully informed and up-to-date regarding: a. Draft and final policy and program development documents related to the IPDES program and/or IDEQ’s ability to fully implement the IPDES program; b. Draft, proposed, and final statutes, rules and/or regulations related to the IPDES, program and/or IDEQ’s ability to fully implement the IPDES program; c. New case law, settlement agreements, and remands of rules related to the IPDES program and/or IDEQ’s ability to fully implement the IPDES program; and d. Draft, proposed, and final technical guidance and policies, which pertain to the IPDES program and/or IDEQ’s ability to fully implement the IPDES program. 5. Ensure that any proposed revision of the IPDES program is submitted to EPA for approval pursuant to 40 CFR §123.62(b). 6. Revise the IPDES program including revisions to state rules, as needed to conform to new federal regulations, within two years of the date of promulgation of the new federal statutory amendments or regulations, as provided in 40 CFR §§123.62(e) and 403.10. 7. Process IPDES permit applications in a timely manner and propose to issue, reissue, modify, terminate, deny, or revoke and reissue IPDES permits consistent with IDAPA 58.01.25. 8. Develop and maintain a Continuing Planning Process document per CWA §303(e) and 40 CFR §130.5. Activities to maintain current planning processes may be identified in the PPA. 9. Comprehensively evaluate and assess facility compliance with enforceable documents including permits, administrative orders, consent orders, court orders, and any applicable enforcement actions which deal with IPDES program issues including compliance with permit conditions, effluent limitations, reporting, best management practices, compliance schedules, and operation and maintenance. 10. Maintain a vigorous program of taking timely and appropriate enforcement actions for IPDES permit violations, unpermitted discharges, pretreatment program, and sewage sludge program violations in accordance with Idaho statutes and rules, and consistent with federal NPDES requirements. IDEQ agrees to review the EPA’s national and regional policies and guidance when adopting corresponding or related IDEQ policies and guidance and agrees to adopt IDEQ policies or guidance that are consistent with the CWA and applicable federal regulations. In the absence of IDEQ policies and guidance, IDEQ agrees to consider implementing EPA’s policy and guidance. 11. Maintain an effective program to carry out the pretreatment responsibilities in accordance with 40 CFR §§403.8(f) and 403.10(e) and (f), to the extent IDEQ has pretreatment approval. 12. Maintain an effective program to carry out the sewage sludge responsibilities in accordance with 40 CFR Part 503. 13. Maintain information, which must be easily accessible to EPA, for program evaluation for each IPDES permit and for each significant industrial user (SIU) for which IDEQ is the control authority for a minimum of the previous five years or until such permit is reissued; this includes, but is not limited to the minimum data requirements for national databases. This information will also be available to the public to the extent required by §308(b) of the Clean Water Act, except to the extent it is enforcement confidential. Where applicable, such files must include, at a minimum, copies of: a. permit application, including attachments; b. proposed permit and/or current final issued permit, or final order of denial; c. fact sheet or statement of basis, including effluent data; d. draft permit submitted for public notice and comment; e. public notice; f. timely public comments received in writing, orally at a public meeting, and IDEQ’s response to comments; g. annual reports from permittees, if required; h. the rationale, if not included in the fact sheet, which details the permit limit calculations and development. The rationale will include both the technology and the water quality basis for the draft or proposed permit; i. studies supporting permit limits (e.g., wasteload allocation, total maximum daily load, site specific analysis, and in-stream sampling data); j. all discharge monitoring reports (DMRs), including whole effluent toxicity (WET), toxicity reduction evaluation (TRE), and in-stream sampling requirements; k. all relevant inspection reports and compliance information; l. all enforcement related documents for both formal and informal actions, including penalty calculation, assessment and collection; m. relevant Compliance Schedule Reports; n. storm water related documents, including storm water management plans and pollution prevention plans received by the State; o. information regarding any bypass events and/or sanitary sewer overflows (SSOs); p. requests for hearings, appeals, and any order issued by the State with respect to an appeal; q. all pretreatment related documents, including the permittee’s pretreatment program and annual report, as applicable; r. concentrated animal feeding operation (CAFO) related documents submitted by the CAFO to IDEQ; and s. other pertinent information and correspondence. 14. Submit to EPA the information described in Appendix A of 40 CFR 127 and identified in section X.D of this MOA. Additionally, upon request by EPA, IDEQ will submit specific information and allow access to any files necessary for evaluating IDEQ’s administration of the IPDES, pretreatment, and sewage sludge programs within a time-frame agreed upon by EPA and IDEQ in the PPA. 15. Ensure that the conditions of the draft permit are written to achieve applicable water quality requirements of all affected or downstream States and Indian Tribes, and that all affected States and Indian Tribes are, at a minimum, provided timely notice of such draft permit and any other information requested per IDAPA 58.01.25.302.06.c. 16. Input or ensure reporting for all regulatory nationally required data elements for all IPDES regulated facilities [e.g., majors, non-majors, storm water, pretreatment (SIUs where the State is the control authority), concentrated concentration aquatic animal production (CAAP) facilities, and CAFOs] into ICIS-NPDES, or its successors, as provided under 40 CFR §123.27 17. Make available to EPA any information obtained or used by IDEQ under the IPDES, pretreatment, and sewage sludge programs upon request without restriction due to claims of confidentiality unless otherwise required by law. IDEQ will determine if information submitted by an applicant under a claim of confidentiality is confidential (i.e., confidential business information) in accordance with state law and identify the material accordingly. EPA will be informed of any confidential information that is transmitted to EPA. EPA will treat such claims as confidential in accordance with 40 CFR Part 2 Subpart B and 40 CFR §§122.7 and 403.14.