Tier 1 - Past/Current "Compliance"

1 - performance track panel should not have overlapping jurisdiction with DEQ or appeals boards re: open and unresolved violations

2 - unresolved violations should prevent participation in Tier 1

- compliance schedule agreed to in writing (e.g., Consent Order, letter agreement) could constitute adequate resolution of violation for participation

Tier 1 - Ongoing "Compliance"

1 - inspections and enforcement options should continue with no recognition of Tier 1 participation

2 - nature of NOV/ violation would determine continued participation in Tier 1

- e.g., a violation that creates pollution to the environment would terminate Tier 1 participation

- e.g., recordkeeping violation not likely to terminate Tier 1 participation

Composition and Decision-Making Power of Review Panel

1 - need balanced membership on panel

2 - panel makes recommendations to UDEQ

Minimum components of any "EMS-type plan"

1 - measurable goals/objectives and targets

- commitment to environmental performance beyond mere compliance

- SEPs and/or compliance steps not enough to demonstrate commitment

2 - training, awareness and competence

3 - continuous evaluation and improvement (measurable continuous improvement)