## GILA RIVER INDIAN COMMUNITY DEPARTMENT OF ENVIRONMENTALQUALITY COMPLIANCEAND ENFORCEMENT POLICY Initial date: 2/5/99 Revised: 6/1/01

Overview As ultimate landowner, the Gila River Indian Communityhas profound cultural and practical interests in protecting its land, air and water and in promoting sustainabledevelopment. The Gila River Indian Community (GRIC)Department of Environmental Quality (DEQ) is charged with the implementation ofthe environmentallaws of the Community.To accomplishthese goals, the DEQ will develop both an outreachprogram to assist facilitiesto voluntarily comply with environmentallaws, and a strong enforcementresponse when voluntary complianceis not achieved. TheDEQ's compliance and enforceinent efforts will include education and technical assistance to promote voluntary compliancewith the law, and effective enforcement actions to deter and penalize violations. The DEQ will cany out compliance and enforcement actions in m equitable, consistent and timely manner.
Policy 1. The DEQ will promote voluntary complianceby writing clear and consistentrules and regulations, permit conditions and guidance and by providing educational and technical assistance to the regulated community, as resources permit.



### 2. The DEQ will provide accurate, complete and prompt notification of violations to facilities and businesses and will manage cases to promote compliance.

3. In situations where prompt voluntary compliancehas not been achieved or where violationspose substantial threat to human health, the environment or quality oflife, the DEQ will use its authoritiesto conduct effective and rapid enforcement.

4. The DEQ will choose the type offormal enforcement action to pursue by considering comparative risk to human health, the environment and quality of life, as well as indifference to the law, and the compliance and enforcementhistory ofthe facility or business.

5. The DEQ will manage compliance and enforcement actions with a consistent,

### multimedia (land, air, water) approach whenever feasible. However, each program may establish additional enforcement procedures and guidelines as necessary, consistent with DEQ policies.



### RESPONSIBILITY

All DEQ program staff are responsible for the implementation ofthis policy.

### IMPLEMENTATION

Compliance Education and Technical Assistance

TheDEQ will: 1. Provide techmcal assistance to the regulated community, as resources permit. 

### .2. Provide current rules, policies and guidelines to affected and interested parties. 

### 3. Provide compliance education opportunities for the regulated community.

Compliance Tracking and Notification of Violations

1. The DEQ will develop a database that tracks the compliance status of facilities and businesses. 

### 2. The DEQ will maintain up-to-date files on facilities and regulated entities that contain compliance-related information. 3. When the DEQ identifies a violation eitherthrough an inspection or by othermeans, staff will decide whether to issue a notice of violation, a citation, an administrative order, or to seek injunctive relief, andlor seek civil penalties. The decision will be made based on the following considerations:

Risk to hwnan health, the environment and quality of life; The degree of recklessness, negligence or deliberateness of the violator; The violator's previous compliance history Financial advantage gained by non-compliance. 4. Nothing in this policy requires a notice of violation to be issued before issuing 

### a citation,

an administrative order, or seeking injunctive relief and civil penalties in Tribal Court. 5. The DEQ will review all self-monitoring and other compliance-related reports submitted by regulated entities as quickly as possible. If such reports reveal violations, theDEQ will make every attempt within 45 days ofreceipt to send written notice of violation to the facility. 

### 6. Where a DEQ inspector discovers a violation in the course of an inspection, the inspector will provide notice ofthe violation to a facility representative at the end of the inspection. The inspector will make every attempt to provide written notice within 45 days ofthe inspection, for violations identified during or after the inspection. 

### 7. With respect to violatioils other than those addressed above, the DEQ is committed to sending written notice of violation within 

### 45 days of the date that the DEQ becomes aware of the violation. 

### 8. Notwithstanding any ofthe above, DEQ program staff will provide immediate notice of any violation that presents 

### an imminent and substantial endangerment to human health or the environment. Such notice will demand irmnediate action by the facility or business to abate the endangerment. 9. The DEQ will seek face-to-face compliance meetings, whenever possible. The DEQwill attempt to co~lclude each meeting with a written statement which outlines what occurred during the meeting and any agreementsreached; the statement should be initialed by the parties before the conclusion of the meeting.10. 

### Written notifications of violation will include the following elements: 

### A factual description ofthe violation. The legal authority regarding compliance. A description ofwhat constitutes compliance 

### and how it is to be documented. 

### A timeframe in whichthe DEQ expects complianceto be achieved. [Timeframeswill require compliance at the earliest possible date. Staffwill set timeframes based upon their estimateofthe timerealistically required to comply.] Direction to the facility to provide the DEQ with written notice of its compliance
status at the end ofthe allowed timeframe. 

### An offer to meet with the business. A statement ofconsequences for failure to act. 

### 1

I. After determining that the facility or business has achieved compliance, the DEQ will send the facility a written notice ofcase closure.

Management of Enforcement Actions



### 1. The DEQ will document cases from the outset, to meet the most stringent legal requirements that may be required. 2. 

### The DEQ director or managers will hold regular staff meetings to review enforcement cases and to advance cases through the compliance and enforcement continuumin a consistent and timely manner. 3. 

### The DEQ, 

### in consultation with the Law Office, will develop standard wording to beincluded in 

### citations, notices ofviolation, agreements and orders. 4. The DEQ will request assistance or review fromthe Law Office, if facilities arerepresented by legal counsel. 5. TheDEQ may only grant waivers and modifications in writing and only as authorized by law. Waiversmust be approvedby the director ofthe DEQ.

Publication ofEnforcement Information

1. TheDEQ, in coordination with the GRIC 

### Public Information Office, may issue a press release when an enforcement action is filed or issued. 2. When a press release concerning 

### an enforcement actionis to be released, the parties involved shouldbe notified that a press release is being issued. However,the iilvolved parties are not entitledto amend or modify the press release.

revised 6/1/01