Common use of Compliance Assurance Clause in Contracts

Compliance Assurance. ▪ Monitor compliance of NPDES permittees with permit requirements. ▪ Take appropriate compliance and enforcement actions in accordance with the Illinois EPA’s Enforcement Management System and Section 31 of the Illinois Environmental Protection Act for violations of NPDES, Stormwater, SSO/CSO, CAFO and other violations of environmental regulations. Where an action is taken against a CAFO requiring a permit, that action will, among other things, compel application for a permit. ▪ Monitor compliance with Compliance Commitment Agreements (CCAs) and enforcement orders and take appropriate follow-up actions. ▪ Maintain major compliance rate at >=95 percent. ▪ Maintain required data elements in the Permit Compliance System (PCS) or ICIS-NPDES, as applicable. ▪ Maintain Discharge Monitoring Report (DMR) entry rates for major dischargers at >=97 percent. ▪ Prepare, and timely report to USEPA, Quarterly Non-Compliance Reports (QNCRs) for major facilities. ▪ Review and update “Watch Lists” on a quarterly basis. ▪ The Illinois EPA will prepare for the conversion from PCS to Integrated Compliance Information System (ICIS)-NPDES by performing data quality checks and making necessary upgrades to the Illinois EPA’s electronic Discharge Monitoring Report (eDMR) System. A plan for populating ICIS-NPDES with any new WENDB data elements identified in the revised PCS policy statement will be developed consistent with the deadlines in that Policy Statement. ▪ All routine inspections completed by June 30 of each fiscal year, must be reported in PCS or ICIS-NPDES by September 30 of that year. USEPA has proposed that beginning in FY2007, the federal fiscal year, rather than the inspection year, will be the timeframe used for reporting inspections. If this proposal becomes final, it is likely that a shorter time period will be allowed for entering inspections into ICIS/PCS in FFY2007. ▪ When violations are identified during routine inspections, this information will be entered into PCS or ICIS-NPDES, as applicable. ▪ CSO notifications from municipalities will be entered into PCS or ICIS-NPDES. SSO notifications will be tracked and followed-up on pursuant to the Illinois EPA’s SSO strategy. ▪ Illinois EPA will report in the End of Year report the number of POTWs that are beneficially reusing all or part of their bio-solids. ▪ The Illinois EPA will expand the use of electronic reporting to include additional facilities as well as additional types of reports received from wastewater facilities. ▪ The wastewater operator certification program will be enhanced to include a continuing education requirement for renewing certificates to ensure certified operators receive training on a continuing basis. ▪ Illinois EPA will provide timely feedback on the, nature of and results of response to, complaints forwarded to Illinois EPA by USEPA. ▪ Compile and submit 2005 calendar year annual non-compliance reports for NPDES non- majors by June 30, 2006 and June 30, 2007 respectively. ▪ IEPA will review annual reports submitted by POTWs with approved pretreatment programs, enter WENDB data elements into PCS and take necessary follow-up on deficiencies identified or inform Region 5. Region 5 is working on an annual report format to promote more consistent reporting across the Region. USEPA will work with the state to incorporate format changes for the 2007 reporting year. Wetlands Activities ▪ Illinois EPA will provide to Region 5 the number of 401 certifications issued and denied during FFY06 and FFY07 by November 1, 2006 and November 1, 2007. ▪ Illinois EPA will review applications for 401 Certification for compliance with water quality standards, assessment of alternatives, and designated uses. State Revolving Fund Loan Program ▪ Illinois EPA will continue to manage the low interest loan program for both wastewater and drinking water facilities. ▪ Illinois EPA has implemented a leveraged program in anticipation of an increased demand for both wastewater and drinking water loan assistance. (XXX#70) Appropriation levels for FY2006 and FY2007 could be used to support a $100M bond sale for the Clean Water SRF and a $50M bond sale for the Drinking Water SRF. ▪ Illinois EPA will also evaluate the possible use of SRF funds for nonpoint projects in a pilot loan project. In addition, the Bureau will initiate negotiations with the Region on the delegation of the administration of the State and Tribal Assistance Grant (STAG) grant program. Objective: Eliminate use impairments in Illinois waters with identified problems. Total Maximum Daily Load (TMDL) development ▪ Continue 3rd Round of watershed-based TMDLs. During the monthly Water Directors’ call, Illinois EPA will provide information on the watersheds scheduled and the dates the request for proposal (RFP) and final contract approvals are made. ▪ Initiate Lake Bloomington TMDL. Proceed according to the schedule provided to Region 5 in the grant application for this TMDL. ▪ Provide Region 5 with a specific listing of TMDLs to be delivered in final form in FY 2005 by December 15, 2005. ▪ Report to Region 5 TMDLs to be delivered in each FFY, by January 15 of the previous year. Deliver a schedule to Region 5 by September 15 of each year, of final TMDLs to be submitted for approval by Region 5 in each subsequent FFY. ▪ Report to Region 5 on status of TMDLs initiated. Deliver final TMDLs to Region 5 for approval in accordance with the agreed upon schedule for each FFY. Final TMDLs submitted to the Region for approval between October 1, 2005 and September 1, 2006, must address at least 60 impairments. The number of final TMDLs to be delivered for October 1, 2006 to September 1, 2007 shall be identified by July 1, 2006. (XXX #52) ▪ Provide draft TMDLs to Region 5 60 days prior to public notice, or alternate timeframe as agreed upon, for review and comment. ▪ Eliminate duplication in reporting on TMDL program to Region 5. ▪ The Accountability Pilot is a mechanism to ensure that watershed management actions are given equal weight with TMDL development commitments as negotiated between Illinois EPA and Region 5. Illinois EPA has submitted approximately 13 projects in three watersheds for the database. We will revise and update the database as more projects become available. At least 3 additional projects, which meet the Pilot criteria, will be submitted to Region 5 during FFY06. ▪ By December 31, 2005, Illinois EPA will develop, with input from Region 5, a final strategy describing how Illinois EPA will achieve the goal of addressing all listed waters within 15 years of listing, by either a final TMDL or an implemented action plan that is expected to achieve water quality standards within a reasonable time. This strategy will include the approach to addressing impairments due to nutrients. 303(d) List Development - Both agencies will continue to work with local watershed interests in high priority watersheds, as identified in the most recently approved Section 303(d) List. Among other actions, this will include participation by both agencies in the Illinois River Coordinating Council. The goal of this is initiation of at least one locally led watershed effort focused on eliminating the impairments identified in the 303(d) list for this waterbody. IEPA will submit a draft 2006-303(d) list to USEPA by December 1, 2005. The final 2006 list will be submitted to USEPA by April 1, 2006. Objective: Address non-continuous but recurring pollutant discharges Reduce. Non-point Source Pollution ▪ Implement the Evaluation Framework in 2006 for the Section 319 program. ▪ Continue Watershed-based planning on impaired waters and, more specifically, for impaired waters identified as a priority for Farm Bill funding. ▪ Identify a pilot Nonpoint Source (NPS) Revolving Loan Program. This program will offer low cost loans for 319 NPS Pilot project for high cost structural Best Management Practices. ▪ Implement watershed-based planning that combines nonpoint source pollution planning and Stormwater MS4 planning in the Waukegan River Watershed. ▪ Finalize and upload all data relevant to the National Nonpoint Source Monitoring program (Lake Pittsfield and Waukegan River) to STORET. ▪ Work with the Office of Research and Development on Stressor Identification Project. Includes supplying data and other relevant information to aid in the development of this project. Objective: Reduce nutrient loadings by promoting nutrient management practices. ▪ Illinois EPA will continue participation in the Regional effort to develop nutrient criteria guidance through its membership in the Regional Technical Assistance Group. ▪ Illinois EPA will implement the elements of the nutrient plan for FY2006. (XXX#WQ-2) ▪ Illinois EPA will continue to hold meetings of the Illinois Nutrient Standards Workgroup in FY2006. ▪ Illinois EPA will continue to support adoption of an interim phosphorus permitting strategy pending completion of numeric nutrient water quality standards. ▪ A United States Geological Survey (USGS) employee was assigned to Illinois EPA in 2004 for two years to work on nutrient standards as Illinois’ nutrient standards coordinator. Contract will be extended for two years beginning in FFY06. ▪ Coordinator will work with Science Committee of the Nutrient Standards Workgroup as well as with researchers working on nutrient problems under Illinois Council for Food and Agricultural Research grants. ▪ Will also help in the analysis of data currently being collected by Illinois EPA’s Monitoring Unit and organize meetings of the Science Committee. Objective: Work toward science-based standards (nutrients, bacteria, dissolved oxygen, sulfate) and more accurate use classifications. ▪ Sulfates/TDS ▪ Continue to participate in sulfate technical committee meetings. ▪ Develop proposed revisions to Illinois’ water quality standards for sulfates and TDS based on the work of the sulfate technical committee. ▪ Submit a rulemaking package to the Illinois Pollution Control Board revising General Use sulfate and total dissolved solids water quality standards. ▪ Continue to develop water quality standards for nutrients specific to the needs and conditions in Illinois in accordance with its approved plan. ▪ Illinois EPA expects final Board action on the current radium rulemaking proceedings. ▪ The Lower Des Plaines use attainability analysis has progressed to the standards revision stage. These proposed standards revisions will include E.coli bacteria standards. ▪ Illinois EPA will continue development of, human health criteria, based on US EPA Human Health methodology. ▪ Illinois EPA commits to work with USEPA on the review and possible reorganization of use designations for the waters of the state. ▪ Illinois EPA commits to notifying U.S. Fish and Wildlife Service (USFWS) of draft and final changes to water quality standards, including adjusted standards. ▪ Illinois EPA will work with USEPA to ensure that future adjusted standards adopted by the Illinois Pollution Control Board conform to federal requirements for either variances from water quality standards or site-specific water quality criteria. ▪ Site-specific criteria: o Based on a determination that a less stringent criterion is adequate to protect uses shall be recalculated using a scientifically defensible method (e.g., one of EPA’s approved methods (resident species, water effects ratio, resident species+ water effects ratio) or other reasonable and appropriate method); and o Documentation shall include information on the basis for the recalculation including how it was determined that species could be deleted from the toxicity data set in the case of resident species-based site-specific criteria. ▪ Variances: o Shall indicate which of the factors in the Federal regulations at 40 CFR 131.10(g) is the basis of the proposed variance. ▪ Illinois EPA will work with USEPA to review implementation of Illinois’ anti-degradation policy for mine related permits. ▪ Illinois EPA and Region 5 will continue to cooperatively review Illinois regulations and operating practices related to designation of waters for recreational use; the procedures utilized to make those determinations and application of related bacterial standards. The intent of the review is to identify any issues potentially in conflict with current federal regulations and policies as well as mechanisms to remedy any conflicts that may be identified. Illinois EPA Strategic Plan Initiative: Ensure that public water supply systems provide water that is consistently safe to drink. Illinois EPA Performance Metric: Percentage of population served by community water supplies providing compliant drinking water. Refer to Annual Resource Deployment Plan, Appendix A. (A submittal will be issued for the 2007 Annual Resource Deployment Plan by September 2006.) Illinois EPA Strategic Plan Initiative: Protect and restore Lake Michigan and other key waterbodies. Lake Michigan - Maintain the percentage of Lake Michigan open shoreline miles in Good condition. Upper Mississippi River - Upper Mississippi River Basin Association Water Quality Task Force The primary focus of this task force, encompassing WI, MN, IA, MO, and IL and USEPA Regions 5 and 7, is to work on issues directly related to the states’ Clean Water Act responsibilities on the Mississippi River as a shared interstate waterbody, including 305(b) assessments, listings of impaired waters, and total maximum daily loads (TMDLs). Illinois EPA and Region 5 will continue to work with the Task Force over the next two years on routine Task Force activities, special projects including their Fish Consumption and Sediment Impairment workgroups, and by supporting investigations into the potential benefits and of having UMRBA serve as a Section 106 Interstate Organization devoted to water quality work.

Compliance Assurance. ▪ Monitor compliance of NPDES permittees with permit requirements. ▪ Take appropriate compliance and enforcement actions in accordance with the Illinois EPA’s Enforcement Management System and Section 31 of the Illinois Environmental Protection Act for violations of NPDES, Stormwater, SSO/CSO, CAFO and other violations of environmental regulations. Where an action is taken against a CAFO requiring a permit, that action will, among other things, compel application for a permit. ▪ Monitor compliance with Compliance Commitment Agreements (CCAs) and enforcement orders and take appropriate follow-up actions. ▪ Maintain major compliance rate at >=95 percent. ▪ Maintain required data elements in the Permit Permits Compliance System (PCS) or ICIS-NPDES, as applicable). ▪ Maintain Discharge Monitoring Report (DMR) entry rates for major dischargers at >=97 percent. ▪ Collect, review, and enter into PCS, Annual Pretreatment Reports. ▪ Prepare, and timely report to USEPAU.S. EPA, Quarterly Non-Compliance Reports (QNCRs) for major facilities. ▪ Review and update “Watch Lists” on a quarterly basis. ▪ The Illinois EPA will prepare begin work preparing for the conversion from PCS to Integrated Compliance Information System (ICIS)-NPDES by performing reviewing data quality checks entry procedures and making necessary upgrades to the Illinois EPA’s electronic Discharge Monitoring Report (eDMR) System. A plan for populating ICIS-NPDES with any new WENDB data elements identified in the revised PCS policy statement will be developed consistent with the deadlines in that Policy Statementand Agency Compliance and Enforcement System (ACES). ▪ All routine inspections completed by June 30 of each fiscal year, must be reported in PCS or ICIS-NPDES by September 30 of that year. USEPA has proposed that beginning in FY2007, the federal fiscal year, rather than the inspection year, will be the timeframe used for reporting inspections. If this proposal becomes final, it is likely that a shorter time period will be allowed for entering inspections into ICIS/PCS in FFY2007. ▪ When violations are identified during routine inspections, this information will be entered into PCS or ICIS-NPDES, as applicablePCS. ▪ CSO notifications from municipalities will be entered into PCS or ICIS-NPDESPCS. An approach to tracking SSO notifications will be tracked and followed-up on pursuant to identified as part of the SSO strategy that Illinois EPA’s SSO strategyEPA will submit in March 2005. ▪ Illinois EPA will report in the End of Year report the number of POTWs that are beneficially reusing all or part of their bio-solids. ▪ The Illinois EPA will expand the use of electronic reporting to include additional facilities as well as additional types of reports received from wastewater facilities. ▪ The wastewater operator certification program will be enhanced to include a continuing education requirement for renewing certificates to ensure certified operators receive training on a continuing basis. In addition, the industrial operator certification program will be restructured based on process types. ▪ Illinois EPA will provide timely feedback on the, nature of and results of response to, complaints forwarded to Illinois EPA by USEPAU.S. EPA. ▪ Compile and submit 2005 2004 calendar year annual non-compliance reports report for NPDES non- majors by June April 30, 2006 and June 30, 2007 respectively. ▪ IEPA will review annual reports submitted by POTWs with approved pretreatment programs, enter WENDB data elements into PCS and take necessary follow-up on deficiencies identified or inform Region 5. Region 5 is working on an annual report format to promote more consistent reporting across the Region. USEPA will work with the state to incorporate format changes for the 2007 reporting year2005. Wetlands Activities ▪ Illinois EPA will provide to Region 5 the number of 401 certifications issued and denied during FFY06 and FFY07 FFY05 by November 1, 2006 and November 1, 20072005. ▪ Illinois EPA will review applications for 401 Certification for compliance with water quality standards, assessment of alternatives, and designated uses. ▪ Illinois EPA will work closely with Region 5 on the development of a wetland monitoring strategy by the end of FFY05. State Revolving Fund Loan Program ▪ Illinois EPA will continue to manage the low interest loan program for both wastewater and drinking water facilities. ▪ Illinois EPA has implemented a leveraged program in anticipation of an increased demand for both wastewater and drinking water loan assistance. (EPA XXX#70) Appropriation levels for FY2006 and FY2007 FY2005 could be used to support a $100M bond sale for the Clean Water SRF and a $50M bond sale for the Drinking Water SRF. ▪ Illinois EPA will also evaluate the possible use of SRF funds for nonpoint projects in a pilot loan projectprojects. In addition, the Bureau will initiate negotiations with the Region region on the delegation of the administration of the State state and Tribal Assistance Grant (STAG) grant program. Objective: Eliminate use impairments in Illinois waters with identified problems. Total Maximum Daily Load (TMDL) development development. ▪ Continue 3rd Round of 15 watershed-based TMDLs. During the monthly Water Directors’ call, Illinois EPA will provide information on the watersheds scheduled and the dates the request for proposal (RFP) and final contract approvals are made. ▪ Initiate Lake Bloomington TMDL4th Round of 25 watershed-based TMDLs. Proceed according to During the schedule provided to Region 5 in monthly Water Directors’ call, Illinois EPA will provide information on the grant application for this TMDLwatersheds scheduled and the dates the RFP and final contract approvals are made. ▪ Provide Region 5 with a specific listing of TMDLs to be delivered in final form in FY 2005 by December 15, 2004. ▪ Provide Region 5 with TMDL contract/grant funding pre-proposals by December 15, 2004, for FY 2005 funding commitment and by November 15, 2005, for FY 2006 funding commitment. ▪ Report to Region 5 TMDLs to be delivered in each FFY2006, by January 15 of the previous yearSeptember 15, 2005. Deliver a schedule to Region 5 by September 15 of each year15, 2005, of final TMDLs to be submitted for approval by Region 5 in each subsequent FFYFFY 2006. ▪ Report to Region 5 on status of TMDLs initiatedinitiated in FY04. Deliver final TMDLs to Region 5 for approval in accordance with the agreed upon schedule for each FFYFFY05. (See Joint Priority) Final TMDLs submitted to the Region region for approval between October 1, 2005 2004 and September 1, 20062005, must address at least 60 44 impairments. The number of final TMDLs to be delivered for October 1, 2006 to September 1, 2007 shall be identified by July 1, 2006. (XXX #52) ▪ Provide draft TMDLs to Region 5 60 days prior to public notice, or alternate timeframe as agreed upon, for review and comment. ▪ Consolidate TMDL grants. ▪ Eliminate duplication in reporting on TMDL program to Region 5. ▪ The Accountability Pilot is a mechanism to ensure that watershed management actions are given equal weight with TMDL development commitments as negotiated between Illinois EPA and Region 5. Illinois EPA has submitted approximately 13 projects in three watersheds for the database. We will revise and update the database as more projects become available. At least 3 additional projects, which meet the Pilot criteria, will be submitted to Region 5 during FFY06FFY05. (See Joint Priority) ▪ By December 31June 1, 2005, Illinois EPA will develop, with input from Region 5, a final strategy describing how Illinois EPA will achieve the goal of addressing all listed waters within 15 years of listing, by either a final TMDL or an implemented action plan that is expected to achieve water quality standards within a reasonable time. This strategy will include the approach to addressing impairments due to nutrients. 303(d) List Development - Both agencies will continue to work with local watershed interests in high priority watersheds, as identified in the most recently approved Section 303(d) List. Among other actions, this will include participation by both agencies in the Illinois River Coordinating Council. The goal of this is initiation of at least one locally led watershed effort focused on eliminating the impairments identified in the 303(d) list for this waterbody. IEPA will submit a draft 2006-303(d) list to USEPA by December 1, 2005. The final 2006 list will be submitted to USEPA by April 1, 2006. Objective: Address non-continuous but recurring pollutant discharges Reduce. Non-point Source Pollution ▪ Implement the Evaluation Framework in 2006 for the Section 319 program. ▪ Continue Watershed-based planning on impaired waters and, more specifically, for impaired waters identified as a priority for Farm Bill funding. ▪ Identify a pilot Nonpoint Source (NPS) Revolving Loan Program. This program will offer low cost loans for 319 NPS Pilot project for high cost structural Best Management Practices. ▪ Implement watershed-based planning that combines nonpoint source pollution planning and Stormwater MS4 planning in the Waukegan River Watershed. ▪ Finalize and upload all data relevant to the National Nonpoint Source Monitoring program (Lake Pittsfield and Waukegan River) to STORET. ▪ Work with the Office of Research and Development on Stressor Identification Project. Includes supplying data and other relevant information to aid in the development of this project. Objective: Reduce nutrient loadings by promoting nutrient management practices. ▪ Illinois EPA will continue participation in the Regional effort to develop nutrient criteria guidance through its membership in the Regional Technical Assistance Group. ▪ Illinois EPA will implement the elements of the nutrient plan for FY2006. (XXX#WQ-2) ▪ Illinois EPA will continue to hold meetings of the Illinois Nutrient Standards Workgroup in FY2006. ▪ Illinois EPA will continue to support adoption of an interim phosphorus permitting strategy pending completion of numeric nutrient water quality standards. ▪ A United States Geological Survey (USGS) employee was assigned to Illinois EPA in 2004 for two years to work on nutrient standards as Illinois’ nutrient standards coordinator. Contract will be extended for two years beginning in FFY06. ▪ Coordinator will work with Science Committee of the Nutrient Standards Workgroup as well as with researchers working on nutrient problems under Illinois Council for Food and Agricultural Research grants. ▪ Will also help in the analysis of data currently being collected by Illinois EPA’s Monitoring Unit and organize meetings of the Science Committee. Objective: Work toward science-based standards (nutrients, bacteria, dissolved oxygen, sulfate) and more accurate use classifications. ▪ Sulfates/TDS ▪ Continue to participate in sulfate technical committee meetings. ▪ Develop proposed revisions to Illinois’ water quality standards for sulfates and TDS based on the work of the sulfate technical committee. ▪ Submit a rulemaking package to the Illinois Pollution Control Board revising General Use sulfate and total dissolved solids water quality standards. ▪ Continue to develop water quality standards for nutrients specific to the needs and conditions in Illinois in accordance with its approved plan. ▪ Illinois EPA expects final Board action on the current radium rulemaking proceedings. ▪ The Lower Des Plaines use attainability analysis has progressed to the standards revision stage. These proposed standards revisions will include E.coli bacteria standards. ▪ Illinois EPA will continue development of, human health criteria, based on US EPA Human Health methodology. ▪ Illinois EPA commits to work with USEPA on the review and possible reorganization of use designations for the waters of the state. ▪ Illinois EPA commits to notifying U.S. Fish and Wildlife Service (USFWS) of draft and final changes to water quality standards, including adjusted standards. ▪ Illinois EPA will work with USEPA to ensure that future adjusted standards adopted by the Illinois Pollution Control Board conform to federal requirements for either variances from water quality standards or site-specific water quality criteria. ▪ Site-specific criteria: o Based on a determination that a less stringent criterion is adequate to protect uses shall be recalculated using a scientifically defensible method (e.g., one of EPA’s approved methods (resident species, water effects ratio, resident species+ water effects ratio) or other reasonable and appropriate method); and o Documentation shall include information on the basis for the recalculation including how it was determined that species could be deleted from the toxicity data set in the case of resident species-based site-specific criteria. ▪ Variances: o Shall indicate which of the factors in the Federal regulations at 40 CFR 131.10(g) is the basis of the proposed variance. ▪ Illinois EPA will work with USEPA to review implementation of Illinois’ anti-degradation policy for mine related permits. ▪ Illinois EPA and Region 5 will continue to cooperatively review Illinois regulations and operating practices related to designation of waters for recreational use; the procedures utilized to make those determinations and application of related bacterial standards. The intent of the review is to identify any issues potentially in conflict with current federal regulations and policies as well as mechanisms to remedy any conflicts that may be identified. Illinois EPA Strategic Plan Initiative: Ensure that public water supply systems provide water that is consistently safe to drink. Illinois EPA Performance Metric: Percentage of population served by community water supplies providing compliant drinking water. Refer to Annual Resource Deployment Plan, Appendix A. (A submittal will be issued for the 2007 Annual Resource Deployment Plan by September 2006.) Illinois EPA Strategic Plan Initiative: Protect and restore Lake Michigan and other key waterbodies. Lake Michigan - Maintain the percentage of Lake Michigan open shoreline miles in Good condition. Upper Mississippi River - Upper Mississippi River Basin Association Water Quality Task Force The primary focus of this task force, encompassing WI, MN, IA, MO, and IL and USEPA Regions 5 and 7, is to work on issues directly related to the states’ Clean Water Act responsibilities on the Mississippi River as a shared interstate waterbody, including 305(b) assessments, listings of impaired waters, and total maximum daily loads (TMDLs). Illinois EPA and Region 5 will continue to work with the Task Force over the next two years on routine Task Force activities, special projects including their Fish Consumption and Sediment Impairment workgroups, and by supporting investigations into the potential benefits and of having UMRBA serve as a Section 106 Interstate Organization devoted to water quality work.