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Expedited settlement definition, and how to receive accomplishment credit

Definition

      A CAFO that is a discounted, non-negotiable administrative settlement offered by EPA and accepted by the defendant/respondent/PRP to expedite the process by which violations are corrected and penalty obtained.  Expedited settlement penalties, though discounted, are carefully developed to provide an incentive to the regulated entity to accept the offer while also ensuring that EPA collects an appropriate penalty for the type of violation.  Penalty amounts for violations appropriate for expedited settlement treatment are established during the Headquarters approval process.  By accepting the expedited settlement offer, the defendant/respondent/PRP agrees to pay the penalty, waive its opportunity for a hearing, and certifies, under penalty of perjury, that the violation(s) and harm from the violation(s) has been corrected and, in some circumstances, that the defendant/respondent/PRP has taken steps to prevent future violations.

 

Information entered into ICIS at this stage should be supported by the following source document:

            –          Consent Agreement and Final Order signed by the Regional Administrator or designee, RJO, or EAB.              

 

To receive accomplishment credit for an expedited settlement:

•           an administrative enforcement action record must be entered with all information required by ICIS;

•           an Expedited Settlement Program category must be selected in the Enforcement Action Type field;

•           ‘Penalty’ must be selected in the Relief Sought field;

•           the penalty value must be entered in the Cash Civil Penalty Amount Sought field and the Federal Penalty Required field;

•           the date the CAFO is signed by the Regional Administrator or designee, RJO, or 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         

      The information for the complaint and conclusion should be entered into ICIS at the same time, as they occur simultaneously.

 

Data Entry Requirements specific to expedited settlements:

One of the program/statute options listed below must be selected in the Enforcement Action Type field.

Program-Specific Expedited Settlement Programs

 

–          CAA  § 113D1 Action for Penalty - 112(r) Expedited Settlement Program

–          CWA § 309G2 AO For Class I Penalty - Storm Water Construction Expedited Settlement  Program

–          CWA § 311B6B1 AO For Class I Penalty - SPCC Expedited Settlement Program

–          CWA § 311B6B1 AO For Class I Penalty - Spill Expedited Settlement Pilot (Approved in Individual Regions)

–          RCRA § 9006 AO For Comp And/Or Penalty (UST) - UST Expedited Settlement Program

–          RCRA § 3008A AO For Comp And/Or Penalty - Subtitle C Expedited Settlement Program (currently only applicable to Region 9)

 

Expedited settlements are currently only available for use under the programs/statutes listed above.  Other programs that are approved by OECA may be authorized to use expedited settlements.        

 

Data Entry Tips/Anomalies

 

–          The ‘Expedited Settlement Offered’ sub-activity can be used to track the date the expedited settlement is offered to the defendant/respondent/PRP to ensure a response is received within the allotted time period.

 

–          Do not enter the enforcement action conclusion until the CAFO is signed by the Regional Administrator or designee, RJO, or EAB.  The expedited settlement offer is optional and the recipient may choose to decline the offer or fail to respond to the offer and the Region should be prepared to follow normal enforcement proceedings.

 

See Also

            Expedited Settlement Guidance

 

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