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RCRA-UST expedited settlement definition, and how to enter an administrative penalty complaint for it into ICIS. (Formerly known as a field citation)

Administrative Penalty Complaint Field Citations

The term ‘Field Citation’ is no longer used, these RCRA-UST actions are now named and tracked as Expedited Settlements. This section was included to accommodate this transition.

Definition

A legal instrument issued by an inspector in the field that provides the respondent a chance to certify a return to compliance and pay a reduced penalty without further discussion with the Regulatory Authority and without further litigation. A field citation issued in RCRA-UST matters to simultaneously initiate and conclude the administrative penalty order

is a part of the Expedited Settlement Program.

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

 

– Field Citation Document 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;

• ‘RCRA §9006 AO For Comp And/Or Penalty (UST) - UST Expedited Settlement Program’ must be selected in the Enforcement Action Typefield;

• ‘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 filed with the Regional Hearing Clerk must be entered as the ‘actual date’ for the ‘Complaint/Proposed Order’ sub activity and in the Date Final Order Issuedfield; 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, since they occur simultaneously.

 

Data Entry Requirements specific to Field Citations

 

‘RCRA §9006 AO For Comp And/Or Penalty (UST) - UST Expedited Settlement Program’ must be selected in the Enforcement Action Type field.

 

Submitted for review on 6/8/2005
Review completed by Elizabeth Vizard on 8/30/2005

 

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