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Multiple enforcement actions that bring about one set of outcomes (e.g., ACO and APO)

Results from enforcement action may only be counted once. If the Region issues two enforcement actions to address one set of violations (e.g., an ACO and an APO) the results that are obtained from these actions may be counted only once. Where the two actions brought are an ACO and an APO, the injuntive-type relief or value of the complying action should generally be atributed to the ACO (though this rule does not apply where the ALJ is authorized to require compliance, as with a RCRA APO). The administrative enforcement authority under some of the statutes does not allow the hearing officer or ALJ to do anything but impose a penalty. That is they can't tell the respondent to do anything other than pay the penalty. So, even where there is a settlement, if there is any term in the settlement that requires the respondent to do anything other than pay the penalty, if the respondent does not do that thing the ALJ can do nothing about it. This makes it unattractive to include complying action requirements in APOs (exception RCRA, where the judge can order other actions). Where a SEP is negotiated (in exchange for a reduction in penalty) the SEP should be associated with the penalty action and the resulting environmental results related to the SEP should also be entered into the penalty action record. No results from enforcement actions should be entered to ICIS multiple times. This is "double counting" and is a practice we avoid.


See also 

Administrative penalty orders (APO) and associated complying actions

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