Conclusion by Quick Resolution [40 C.F.R. Part 22.18(a)(1)] Definition
A payment, in full, of the specific penalty proposed in the complaint or in complainant’s prehearing exchange is sent to the appropriate U.S. Treasury lockbox, there are no compliance actions requested in the complaint, and a copy of the check or other instrument of payment is filed with the Regional Hearing Clerk. This payment must also be memorialized by a final order that is filed with the Regional Hearing Clerk.
Information entered into ICIS at this stage should be supported by the following source document:
– Final Order that is filed with the Regional Hearing Clerk.
To receive accomplishment credit for an administrative penalty conclusion:
• an administrative enforcement action record must be entered with all information required by ICIS;
• ‘Penalty’ must be selected in the Relief Sought field;
• the penalty value must be entered in the Federal Penalty Required field or a check mark must be entered in the Notice Pleading check box; and
• the date the copy of check or other instrument of payment is filed with the Regional Hearing Clerk must be entered in the Date Final Order Issuedfield.
Administrative Penalty Conclusion Data Entry Requirements
An administrative penalty conclusion is entered into ICIS by creating a new enforcement action conclusion record (i.e., settlement) with ‘Administrative Penalty Order With or Without Injunctive Relief’ selected in the Action Type field, the Date Final Order Issued field completed, and all other information required by ICIS and mandatory by OECA for accomplishment credit entered on the Enforcement Action Conclusion screen and side menu screens.
Enter the following information that is required by ICIS on the Add Administrative Settlement screen:
• Settlement Name;
• Action Type;
• Statutes; and
Enter the following information that is mandatory by OECA for accomplishment credit on the Add Administrative Settlement screen:
• Date Final Order Issued.
Data Entry Tips/Anomalies
– If there are multiple settlements, a separate enforcement action conclusion (i.e., settlement) record should be entered for each. Differentiate between the settlements using the Settlement Name field.
– Select only the defendant/respondent/PRP(s), statute(s), and facility(s) associated with each individual settlement.
Enter the following information that is mandatory by OECA for accomplishment credit on the Penalty/Cost Recovery screen:
• Cash Civil Penalty Required (by Statute);
• Federal Penalty Required; and
• State/Local Penalty Amount (if applicable).
– Data Entry Tips/AnomaliesEnter the individual statute-specific penalty amounts in the Cash Civil Penalty Required (by Statute) fields. Enter the total penalty amount in the Federal Penalty Required fields. For example, if there is penalty for only one program, enter the same value in both the statute-specific and Federal Penalty Required fields.
If the settlement contains provisions for injunctive relief, compliance activities, or response work: Enter the following information that is mandatory by OECA for accomplishment credit on the Injunctive Relief/Complying Activities screen (if applicable):
• Direct Environmental Reduction (Physical Actions);
• Cost of Physical Action;
• Pollutants/Chemical/Waste Stream;
• Environmental Benefit Amount;
• Units; and
• Media Affected;
• Facility Management or Information Practice (Non-Physical Actions); and
• Cost of Non-Physical Actions.