Creative Use of Administrative Order Authority Expedited Settlement Agreements

Basics A rapid enforcement response where violations are corrected and a penalty is obtained in a short amount of time. A rapid enforcement response where violations are corrected and a penalty is obtained in a short amount of time. Generally this is within a few months of the discovery of a violations. Generally this is within a few months of the discovery of a violations.

Basics Expedited Settlement Agreements are typically a one page offer of settlement. Expedited Settlement Agreements are typically a one page offer of settlement. Use for minor, easily correctable violations. Use for minor, easily correctable violations. Provides a discounted, non negotiable settlement offer. Provides a discounted, non negotiable settlement offer. Offer is in lieu of a more formal, traditional administrative penalty action. Offer is in lieu of a more formal, traditional administrative penalty action.

Basics The respondent must accept the settlement offer within 30 or 45 days of receipt, depending on the program. The respondent must accept the settlement offer within 30 or 45 days of receipt, depending on the program. Acceptance is in exchange for a reduced penalty amount and transaction costs. Acceptance is in exchange for a reduced penalty amount and transaction costs. Respondent waives its opportunity for a hearing. Respondent waives its opportunity for a hearing.

Basics Certifies under penalty of perjury that the violations and harm stemming from the violations has been corrected. Certifies under penalty of perjury that the violations and harm stemming from the violations has been corrected. Certifies, depending on the program, that steps have been taken to prevent future violations. Certifies, depending on the program, that steps have been taken to prevent future violations.

Program Benefits Return to compliance and penalties paid more quickly that traditional administrative practice. Return to compliance and penalties paid more quickly that traditional administrative practice. Settlement document standardized and non-negotiable: decreases transaction costs. Settlement document standardized and non-negotiable: decreases transaction costs. Increases enforcement presence. Increases enforcement presence. Reaches facilities that might have gone unaddressed. Reaches facilities that might have gone unaddressed.

Program Benefits Strengthens cases against repeat violators: greater evidence for culpability. Strengthens cases against repeat violators: greater evidence for culpability. Generally resolves penalty liability and ensures compliance within a few months. Generally resolves penalty liability and ensures compliance within a few months.

Factors in Identifying the Appropriate Program Violations that an inspector can witness at the time of inspection or quickly determine through on-site document or data reviews. Violations that an inspector can witness at the time of inspection or quickly determine through on-site document or data reviews. Such as, oil spill detection and control programs and construction storm water programs. Such as, oil spill detection and control programs and construction storm water programs.

Factors in Identifying the Appropriate Program Violations that are easy to fix or require low tech solutions. Violations that are easy to fix or require low tech solutions. Compliance achieved between detection and certification that violation corrected, usually 30 to 45 days. Compliance achieved between detection and certification that violation corrected, usually 30 to 45 days. Environmental benefits achieved and penalties collected: not a pay to pollute scheme. Environmental benefits achieved and penalties collected: not a pay to pollute scheme.

Factors in Identifying the Appropriate Program Minor violations such as reporting or record keeping are appropriate. Minor violations such as reporting or record keeping are appropriate. Violations resulting in significant harm to the environment or human health or that may present an imminent and substantial endangerment are not. Violations resulting in significant harm to the environment or human health or that may present an imminent and substantial endangerment are not. For example, violations impairing drinking water sources are not appropriate. For example, violations impairing drinking water sources are not appropriate.

Factors in Identifying the Appropriate Program Limited enforcement presence and limited resources relative to the size of the regulated community. Limited enforcement presence and limited resources relative to the size of the regulated community. For example, storm water with over a half million new construction starts each year. For example, storm water with over a half million new construction starts each year.

Factors in Identifying the Appropriate Program Need to increase enforcement presence due to widespread noncompliance. Need to increase enforcement presence due to widespread noncompliance. For example, storm water construction. For example, storm water construction.