Administrative Penalty Actions filed under 40 C.F.R. Part 22.13(b)
The issuance of a CAFO pursuant to 40 C.F.R. Part 22.18(b)(2) and (3), where the parties agree to settle one or more causes of action before the filing of a complaint, allowing the complaint and conclusion to occur simultaneously.
Information entered into ICIS at this stage should be supported by the following source document:
– Consent Agreement and Final Order that is filed with the Regional Hearing Clerk.
To receive accomplishment credit for this type of administrative penalty action:
- an administrative enforcement action record must be entered with all information required by ICIS;
- ‘Penalty’ should be selected in the Relief Sought field;
- the penalty value must be entered in the Cash Civil Penalty Amount Sought field or a check mark must be entered in the Notice Pleadingcheck box and the Federal Penalty Requiredfield;
- the date the CAFO is signed by the RJ/RJO/EAB must be entered as the ‘actual date’ for the ‘Complaint/Proposed Order’ sub activity and in the Date Final Order Issued field; and
- an administrative penalty conclusion must be entered with all information required by ICIS.
Data Entry Requirements
Refer to the Administrative Penalty Complaint Data Entry Requirements and Administrative Penalty Conclusion Data Entry Requirements sections for information on entering the penalty action in ICIS. The information for the complaint and conclusion should be entered into ICIS at the same time, at the time of the conclusion, since they occur simultaneously.
Initiation and conclusion dates of an administrative enforcement action brought pursuant to 40 C.F.R. Part 22.13(b)(2) and (3) particularly where there is a public notice and comment period that must expire prior to issuance of the final order