Session: Enforcement Actions

Lesson 1: Enforcement Actions Overview Session: Enforcement Actions Lesson 1: Enforcement Actions Overview

Enforcement Actions ICIS records and tracks actions taken to address noncompliance with environmental laws by a regulated entity Process begins when a violation has been detected The EA will depend on the type, severity, and frequency of the violation EAs can be performed under any environmental statute or combination of statutes

XX-AAAAAAAAA XX-0000-AAAA Federal EA Identifier Informal EA ID: XX-AAAAAAAAA Positions 1-2 (X): Headquarters or Region Code Positions 3-11 (A): system generated; non-editable numeric increment Formal EA ID: XX-0000-AAAA Positions 1-2 (X): HQ or Region Code Positions 4-7 (0): defaults to the current fiscal year Positions 9-12 (A): blank and editable; 4-digit numeric

Add/Search EAs from The Global Navigation Menu

Lesson 2: Informal Enforcement Actions Session: Enforcement Actions Lesson 2: Informal Enforcement Actions

Steps for Adding Federal Informal EAs

More Enforcement Action Type Options Adding Informal EAs More Enforcement Action Type Options

Adding Informal EAs Cont.

Adding Informal EAs Cont. Select the Facility ID that corresponds to Statute Violated (or ICIS ID if proper ID does not exist) Adding Informal EAs Cont.

Adding Informal EAs (Cont.)

Adding Informal EAs (Cont.)

Editing Informal EAs

Editing Informal EAs (cont.)

Editing Informal EAs (cont.)

Deleting InFormal EAs

Deleting Informal Eas (Cont.)

Lesson 3: Formal Enforcement Actions Session: Enforcement Actions Lesson 3: Formal Enforcement Actions

Searching EAs

Search Results

Steps for Adding Federal Formal EAs *A separate Enforcement Action Type screen is for Administrative Formal EAs only. The Enforcement Action Type for Judicial EAs is selected along with the identifying information.

Adding Administrative Formal EAs

Adding Administrative Formal EAs (cont.)

Adding Administrative Formal EAs (Cont.)

Associating Government Contacts

Associating Government Contacts (Cont.)

Associating Government Contacts (Cont.)

Adding Administrative Formal EAs (Cont.)

Adding Administrative Formal EAs (Cont.) Must Enter At Least 1 Priority

Adding/Removing Statutes/Law Sections/Programs Violated

Adding/Removing Statutes/Law Sections/Programs Violated (Cont.)

Adding Administrative Formal EAs (Cont.)

Adding Administrative Formal EAs (Cont.)

Saving Administrative Formal EAs

Administrative vs. Judicial EAs in ICIS-Air Fewer EA Types on first Add screen Require a Lead EPA Attorney and Lead Technical Contact

Administrative vs. Judicial EAs in ICIS-Air (Cont.) Judicial EAs have more and different Milestones, including Referral Dates

Administrative vs. Judicial EAs in ICIS-Air (Cont.) Judicial EAs require Defendants rather than Respondents (as is required on Administrative Formal EAs)

Editing Formal EAs

Managing Respondents

Managing Respondents (cont.)

Editing Formal EAs (Cont.)

Editing Court Information

Copying/Deleting Formal EAs

Copied Fields Issued By Enforcement Action Name Enforcement Agency Name Enforcement Agency Type Agency Lead Indicator Branch Facilities Federal Statutes Violated National Priority Regional Priority Core Priority Contacts Defendants (does not copy the corresponding Named in Complaint/Named in Final Order data) Respondents (does not copy the corresponding Named in Complaint/Named in Final Order data) Pollutants

Copied Fields (Cont.) Result of Voluntary Self Disclosure Multimedia Action Environmental Justice Relief Sought Selected Initiatives Notice Pleading Cash Civil Penalty Amount Sought Summary/Noncompliance or Corrective Action Description Federal Facility Activity Federal Facility Activity Comment Multiregional EPA Overfile (only applies when copying a Judicial EA to a Judicial EA) Primary Law Section Sections Violated

Copied Fields (Cont.) Programs Other Water Program/Environmental Statute Violations Alleged Violation Type Cost Recovery Amount Sought EJSCREEN Flag (Auto) is populated if available in the reference table

Deleting Formal EAs

Linking/Unlinking Formal EAs Linking EAs to other EAs for case progression or supersedence would be done through Related Activities

Adding Enforcement Sensitive Comments

Adding Enforcement Sensitive Comments (cont.)

Changing Sensitive Comments

Lesson 4: Milestones and Sub Activities Session: Enforcement Actions Lesson 4: Milestones and Sub Activities

Milestones Predefined tracking events throughout the EA life cycle Events that impact the status of the EA

Milestones in ICIS Milestones display as an Edit screen only Edit screens vary depending on the Forum (Administrative Formal or Judicial) Some are system generated and some are entered by the user Enforcement Action Data Entered, Final Order Issued/Entered, and Air Resolved are system generated Listed in the order in which data must be entered Actual Date must be ≥ the last Actual Date entered in preceding milestones Entering Enforcement Action Closed Date results in a trickle down effect to Final Order EA Resolved Dates

Milestones in ICIS (Cont.) The following planned and actual dates can be entered directly by the user: Administrative Formal: Complaint Filed/Proposed Order Enforcement Action Closed Judicial: Referred to Dept. of Justice Referred to U.S. Attorney Complaint Filed with Court Final Order Lodged or Entered

Milestones

Milestones (cont.)

Milestones (cont.)

Milestones (cont.)

Milestones: EA Resolution Type

Editing Milestones

Are web-entered generic events Sub activities Are web-entered generic events Are entered at the discretion of the user Are for informational purposes only Have no effect on the EA status Are a function of Federal EAs only The same business rules apply to Administrative Formal and Judicial EAs

Adding Sub Activities

Adding Sub Activities (Cont.)

Editing Sub Activities

Deleting Sub Activities

Session: Enforcement Actions Lesson 5: Final Orders

Purpose of Final Orders Is the conclusion of an EA such as a(n): Successfully litigated in court for a judicial action Agreement has been reach for a consent decree Administrative order has been issued Are entered into ICIS, including the date the Final Order was issued/entered

Adding Formal EA Final Orders

Adding Formal EA Final Orders (cont.)

Adding Formal EA Final Orders (Cont.)

Selecting Respondents

Adding Formal EA Final Orders (Cont.)

Editing Formal EA Final Orders

Editing Formal EA Final Orders (Cont.)

Deleting Formal EA Final Orders

Deleting Formal EA Final Orders (Cont.)

Managing Final Order Statuses

Managing Final Order Statuses (Cont.)

Managing Final Order Statuses (Cont.)

Lesson 6: Final Order Terms Session: Enforcement Actions Lesson 6: Final Order Terms

Can include one or more of the following components: Terms of a Final Order Can include one or more of the following components: Penalty: amount of money a defendant/respondent is required to pay as the result of the Violations Supplemental Environmental Projects (SEP): environmental restoration projects voluntarily undertaken in response to the EA Complying Action/Injunctive Relief Requirements: tasks that the violator must carry out

Adding a Penalty

Adding a Penalty (Cont.)

Editing a Penalty

Editing a Penalty (Cont.)

Deleting a Penalty

Adding a Supplemental Environmental Projects (SEP)

Adding a SEP (Cont.)

Managing Quantitative Environmental Impact

Managing Quantitative Environmental Impact (Cont.)

Adding a SEP

Editing SEPs

Editing SEPs (Cont.)

Deleting SEPs

Deleting SEPs

Managing SEP Values

Managing SEP Values (Cont.)

Deleting SEP Values

Editing Quantitative Environmental Impacts

Editing Quantitative Environmental Impacts (Cont.)

Deleting Quantitative Environmental Impacts