Enforcement Considerations Sample Clauses
The "Enforcement Considerations" clause outlines how the terms of the agreement will be upheld and what mechanisms are available to ensure compliance. It typically addresses issues such as the jurisdiction for resolving disputes, the remedies available in case of breach, and the procedures for enforcing judgments or awards. For example, it may specify that a party can seek injunctive relief or that certain actions must be taken before litigation can proceed. The core function of this clause is to provide clarity on how contractual obligations will be enforced, thereby reducing uncertainty and helping parties understand their rights and responsibilities if a dispute arises.
Enforcement Considerations. States and tribes are expected to monitor compliance with pesticide water quality risk mitigation measures, and respond to pesticide water contamination events especially where water quality standards or other reference points are threatened. .
Enforcement Considerations. This approach does not authorize state compliance assurance or enforcement in Indian Country.
Enforcement Considerations. EPA’s Strategic Plan Goal 5 is to enforce environmental laws. The pesticide compliance and enforcement activities grantees perform help monitor, identify, correct, and deter noncompliance and reduce chemical risks. Compliance monitoring activities help support other Agency goals including reducing chemical risks and protecting underserved and vulnerable populations. Grantee activities should be consistent with the national Compliance Monitoring Strategy when finalized.
Enforcement Considerations. EPA’s goal for the Worker Protection requirements is to help create a safe work environment in which agricultural workers, their employers, and pesticide handlers can perform tasks without concern about pesticide exposure. For this reason, grantees must conduct agricultural use inspections focused on WPS compliance. Enforcements activities include: • Grantees should track each WPS inspection as either a Tier I or Tier II inspection. WPS tips and complaints should be included in establishing a priority setting plan. • The appropriate number of inspections to be conducted should be consistent with the number of farms and farm employees covered by WPS. The appropriate number of WPS inspections is to be negotiated between grantees and regional offices.
(1) timing inspections during periods of pesticide application to ensure compliance with key worker provisions; (2) visiting sites with labor intensive crops and/or those crops that traditionally require a lot of hand labor; (3) timing inspections during the growing season to coincide with high risk labor practices and worker exposure scenarios; and (4) timing inspections during times when high risk pesticides would be applied at a specific time of year as a matter of general crop practice. • States should follow the EPA WPS Agricultural Inspection Guidance. State enforcement actions should be reported in the work plan accomplishments report with a brief narrative description about each noteworthy civil or criminal penalty enforcement action resulting from a WPS inspection. The EPA believes that it is important to communicate to the public the impact of the WPS compliance and enforcement program to protect pesticide workers beyond numerical targets. • States should provide information on the number of other enforcement actions resulting from WPS inspections such as stop sale/use orders and warning letters in each of the reporting categories. • Particular attention should be given to follow-up inspections at agricultural establishments where prior enforcement actions for WPS violations were taken. Follow up inspections should occur in a timely manner as the grantee deems appropriate. A regional review of WPS actions should be included as part of mid- and end-of-year regional reviews to ensure enforcement actions are consistent with state enforcement response policies. Regions should review no less than 10 percent of the case files as part of their oversight responsibilities.
Enforcement Considerations. Inspections targeted at contract manufacturing facilities will help ensure that all pesticide production at such facilities is appropriately regulated. Contract manufacturing facilities may be identified by analyzing Section 7 production reporting data.
Enforcement Considerations. Monitor compliance with certification requirements, and focus on sale/distribution of restricted use pesticides (RUPs) to applicators in fumigation sector(s) of concern due to the high potential for severe, acute incidents from exposure.
Enforcement Considerations. Inspections conducted to support this initiative may be conducted as part of routine marketplace and targeted producer establishment inspections the state or tribe conducts. During marketplace inspections, inspectors should pay careful attention to distributor product labeling. States and tribes should target those producer establishments that may be producing either “high risk” or large quantities of distributor products. Inspections targeting these products will help ensure that all pesticide production at such facilities is appropriately regulated.
Enforcement Considerations. Reducing risk is ultimately accomplished through compliance with and enforcement of new labels that require protective buffer zones around treated fields, comprehensive fumigation management plans for applications, and training for certified applicators supervising fumigations, among other measures. Grantees should conduct use inspections to ensure compliance with the new soil fumigation label requirements. Grantees should also consider establishing relationships with other federal, state, tribal and local agencies within their region to assist in compliance and enforcement activities.
Enforcement Considerations. Grantees should conduct inspections for imported pesticides upon regional request. The specifics of these inspections should be arrived at after consultation and negotiation with the regional office. These may include shipments detained at ports of entry or foreign trade zones that the region has determined through Notices of Arrival or other information may be in violation of FIFRA.
Enforcement Considerations. OECA is not requiring targeted endangered species use inspections. However, an inspector should document user compliance with a specific bulletin if it can be determined during a routine use inspection that an applicator used a pesticide for which an Endangered Species Bulletin exists.