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Civil judicial referral definition, and how to receive credit for a civil referral

Judicial Referral Definition

A formal written request to another agency or unit of government to proceed with judicial enforcement relating to the violation(s) in question.                 

                                                                                                                                   

            Civil Referral Definition

                        An action brought to address non-compliance with environmental laws by a regulated entity; assess penalties for non-compliance; compel the recipient to perform or refrain from certain actions; recover costs; and/or collect money owed to the government under environmental laws. Information entered into ICIS at this stage should be supported by one of the following source documents:

                        –          Consent Decree referral;

                        –          Litigation Referral Package;

                        –          Referral Letter; or

                        –          Transmittal Memo that is signed by the Regional Administrator or designee.

 

To receive accomplishment credit for a civil referral:

•           a judicial enforcement action record must be entered with all information required by ICIS and designated National Reporting field by OECA for credit;

•           ‘Civil’ must be selected in the Enforcement Action Typefield; and

•           the date the Regional Administrator or designee signs the referral must be entered as the ‘actual date’ for the ‘Referred to Dept Of Justice’ sub activity. 

                                               

Program-Specific Civil Referral Definition

Non-CERCLA- A referral litigation package transmittal memo is signed by the Regional Administrator or designee and sent to the DOJ.  Credit is given on the date the transmittal memo is signed by the Regional Administrator or designee.   

     

CERCLA -A section 107 or section 106/107 judicial referral or CD referral, signed by the defendant/respondent/PRP, is signed by the Regional Administrator or designee and sent to DOJ, for defendant/respondent/PRP(s) to perform a response action [ESI/RI, RI, RI/FS, FS, RD, RA, groundwater monitoring activities post-ROD, institutional controls, time-critical, or non-time critical removal] or for cost recovery only that is not a result of a previous litigation referral.  Credit is given on the date the transmittal memo (this could include a referral letter or CD referral) is signed by the Regional Administrator or designee. 

 

Judicial Referral Data Entry Requirements

A judicial referral is entered into ICIS by creating a new judicial enforcement action record, selecting the appropriate activity type, and entering all other information required by ICIS and mandatory by OECA for accomplishment credit on the main Judicial Enforcement Action screen and side menu screens. 

 

Enter the following information that is required by ICIS on the Add Judicial Enforcement Action screen:

•            Enforcement Action Name;

•            Enforcement Action Type;

•            Enforcement Action Identifier;

•            Facilities;

•            Federal Statutes Violated;

•            Sections Violated;

•            National MOA Priority or Regional Priority or Core Priorities;

•            Lead EPA Attorney;

•            Lead Technical Contact;

•            Defendant;

•            Violation Type (not required for CERCLA);

•            Pollutant (not required for CERCLA or RCRA); and

•            Description.

 

 

Enter the following information that is designated National Reporting field by OECA for credit on the Defendant/Respondent/PRP Side Menu screen:

•            Defendant/Respondent Name.

 

 

Enter the following information that is  designated National Reporting field by OECA for credit on the Sub Activities Side Menu screen:

•            Referred to DOJ ‘actual date’ or PRN Sent ‘actual date’ or Supplemental Referral - Adding Parties, counts ‘actual date’ or Supplemental Referral - Consent Decree Enforcement ‘actual date’ or Supplemental Referral - Other ‘actual date’.

 

Refer to Appendix III - Enforcement Action Field Definitions and Guidance for definitions and guidance specific to each field.

See Also

            Entering a Referral that Follows on a Pre-Referral Negotion Package

Pre-referral notification referral definition, and how to receive accomplishment credit

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