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Consent Decree Tracking Measures and Certification (non-CERCLA actions) (03.22.2010)

New Consent Decree Tracking Measures and Certification

 

Purpose:  In FY 2010, OECA will begin to report on the new Consent Decree Tracking measures that were established in the, "Guidance on Tracking Civil Judicial Consent Decree Implementation in ICIS," issued July 22, 2009 (“the Guidance”).  This will be done utilizing the mid-year and end-of-year data certification process. 

 

The data, logic, and reports for the four ICIS consent decree tracking measures established in this Guidance are described in detail in the Appendix to the Guidance.  In summary, the data that will be collected and reported on for the three specific, one-time event critical milestones and one overall consent decree critical milestone are:

 

a. the number and percentage of open consent decrees in ICIS with a completed Federal Penalty Required field that either lacks a corresponding Schedule Event –or– the Schedule Date has passed with no Actual Date entered;

 

b. the number and percentage of open consent decrees in ICIS with a SEP entered in the SEP screen that either lacks a corresponding Schedule Event –or- the Schedule Date has passed with no Actual Date entered;

 

c.  the number and percentage of all open consent decrees in ICIS that either lack an Achieve Final Compliance With All Obligations Under This Order –or- the corresponding Schedule Date has passed with no Actual Date entered; and

 

d.  the number and percentage of open consent decrees, more than 12 quarters old, for which a timely overall consent decree compliance status review has not been conducted pursuant to the schedule required under this Guidance and/or an appropriate Final Order Status designation has not been entered into ICIS.  

 

Data Entry:  Consent Decree tracking milestone data must be entered to ICIS for all civil judicial enforcement actions, including retroactively for all cases that concluded in FYs 2009, 2008 and 2007.  The milestone data that must be entered, and the specifics for entering this data to ICIS, are set out in the Guidance.

 

Data Retrieval:  In August 2009 the Office of Compliance posted in ICIS a report for identifying Consent Decrees that require tracking under the Guidance.  This report is titled, "Civil Judicial Consent Decree Tracking - QA Report," and is located in the National Standard Reports folder.  OC will shortly produce two more ICIS consent decree tracking reports for measuring regions' performance in tracking consent decrees, one for the first three CD tracking measures (Pay Required Civil Penalty Amount in Full, Complete Required SEP (Supplemental Environmental Project), and Achieve Final Compliance With All Obligations Under This Order), and one for the final measure (Overall Consent Decree Compliance).  The report for the first three measures is expected to be posted by late February 2010, and the report for the final measure is expected to be posted by mid-March 2010.  These reports will be run at MY and EOY,  will be posted in the National Reports folder in ICIS, and will be used to produce the CD tracking data that is included in the Certification Workbook at MY and EOY. 

 

March 22, 2010

FY 2010 Reporting Plan

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