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Expedited Enforcement Compliance Order and Settlement Agreement OSWER Directive 9610.14 Guidance On Federal Field Citation Enforcement April 9, 1992

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION _____, MAIN STREET, USA

EXPEDITED ENFORCEMENT
COMPLIANCE ORDER AND SETTLEMENT AGREEMENT
PART I: COMPLIANCE ORDER PART II: SETTLEMENT AGREEMENT

COMPLIANCE ORDER NO. _____________

On ________________Time _____________a.m./p.m.
(Date of Violation

At __________________________________
(Name of Facility)

____________________________________
(Address of Facility)

Facility Identification Number _____________

Name of Owner, Operator or
On-site Representative __________________
(Circle one)

_____________________________________
(Address of Owner, Operator, or On-Site Representative)

An authorized representative of the United States Environmental Protection Agency (EPA) inspected this facility to determine compliance with underground storage tank regulations promulgated under Subtitle I of the Resource Conservation and Recovery Act of 1976(42 U.S.C. § 6912 et seq.). During this inspection, the following violations of underground storage tank regulations were found, with corresponding penalty amounts:

40 CFR __________Penalty $____________

Nature of Violation:____________________________

40 CFR __________Penalty $____________

Nature of Violation:____________________________

40 CFR __________Penalty $____________

Nature of Violation:____________________________

Penalty Total $ ___________

The owner or operator of the above facility is hereby ordered to correct the violations and pay the penalties described above.

This Compliance Order is not an adjudicatory proceeding under 40 CFR Part 22, the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits, but is issued solely with reference to the Settlement Agreement in Part II of this form. If the Settlement Agreement in Part II is not returned in correct form by the owner or operator within 30 days of the date of signature below by the Authorized Representative of EPA, this Compliance Order is hereby withdrawn, without prejudice to EPA's ability to file additional enforcement actions for the above or any other violations.

I have personally observed the above violations and find the owner or operator in violation of the above-referenced UST regulations.

________________________ Date:______
(Signature of Authorized Representative of EPA)

I hereby acknowledge receipt of this Compliance Order and Settlement Agreement.

________________________ Date:______
(Signature of Owner, Operator or On-site Representative)

The United States Environmental Protection
Agency (EPA) offers this Settlement Agreement
under its expedited enforcement procedures in
order to settle the violations found in the
Compliance Order in Part I of this form subject
to the following terms and conditions:

The Owner or Operator signing below certifies,
under civil and criminal penalties for making a
false submission to the United States
Government, that Owner or Operator has
corrected the violation(s) and enclosed a
certified check for $__________ in payment of
the full penalty amount, as described in the
Compliance Order.

Upon EPA final approval of this Settlement
Agreement, EPA will take no further action
against the Owner or Operator for the violations
described in the Compliance Order. EPA does
not waive any enforcement action by EPA, the
State where the facility is located or any local
agencies for any other past, present or future
violations of the underground storage tank
requirements or any other violations under
any other statute not described in the
Compliance Order.

Also, upon EPA final approval of this Settlement
Agreement, the Owner or Operator waives the
opportunity for a public hearing pursuant to
Section 9006 of the Resource Conservation
and Recovery Act.

This Settlement Agreement is binding on the
EPA and the Owner or Operator signing below.
The Owner or Operator signing below consents
to EPA's final approval of this Settlement
Agreement without further notice. This Settlement
Agreement is effective upon EPA's final approval
below. Upon final approval, EPA shall mail a copy
of the approved Settlement Agreement to the
Owner or Operator signing below.

Final approval of the Settlement Agreement
is in the sole discretion of the Regional
Administrator, Region ________, EPA, or
authorized delegate.

SIGNATURE BY OWNER OR OPERATOR:

Name (print) __________________________

Title (print) ___________________________

Signature _________________Date: ______

FINAL APPROVAL BY EPA:

Name (print) __________________________

Title (print) ___________________________

Signature _________________Date: ______


OSWER Directive 9610.14

INSTRUCTIONS


The United States Environmental Protection Agency has authority under Section 9006 of the Resource Conservation and Recovery Act to issue compliance orders and pursue civil penalties for violations of underground storage tank regulations. However, the EPA encourages the expedited settlement of easily verifiable violations of underground storage tank requirements, such as the violations cited in the Expedited Enforcement Compliance Order and Settlement Agreement for which these instructions are provided, by agreeing to these settlement terms that include expedited correction of the violation and payment of penalties.

You may resolve the cited violations quickly by signing and returning the Settlement Agreement and paying the penalty amount within 30 days of the issuance of the Compliance Order. You must correct the violations within 30 days of the issuance of the Compliance Order. EPA, at its discretion, may grant one 30 day extension for the period to come into compliance where the owner or operator satisfactorily demonstrates that it is technically infeasible or impracticable to achieve compliance within 30 days. The Settlement Agreement is binding on EPA and the Owner or Operator upon EPA final approval. Upon EPA final approval of the Settlement Agreement, a copy of which will be returned to you, EPA will take no further action against you for these violations. EPA will not accept or approve any Settlement Agreement returned more than 30 days after the date of the Compliance Order unless an extension has been granted by EPA. This Compliance Order is not an adjudicatory proceeding under 40 CFR Part 22, the Consolidated Rules of practice Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of permits, but is issued solely with reference to the Settlement Agreement in Part II of this form.

If you do not return the Settlement Agreement with payment of the penalty amount 30 days after issuance, unless extension has been granted by EPA, the Compliance Order will be withdrawn, without prejudice to EPA's ability to file additional enforcement actions for the above or any other violations. Failure to return the Settlement Agreement within the approved time does not relieve you of the responsibility to comply fully with the regulations, including correcting the violations that have been specifically identified by the inspector. If EPA pursues administrative enforcement measures in order to correct the violation(s) or to seek penalties, you will receive instructions describing your rights under the Consolidated Rules of practice Governing the Administrative Assessment of Civil Penalties and the revocation or Suspension of Permits (40 CFR Part 22).

You are required under the Settlement Agreement to certify that you have corrected the violations found in the Compliance Order and paid the penalty amount. The payment for the penalty amount must be in the form of a certified check payable to the "Treasurer of the United States of America," with the number of the Compliance Order written on the check.

The Settlement Agreement and copy of the check shall be sent: Payment of the penalty amount shall be sent to:
Underground Storage Tank Program
U.S. Environmental Protection Agency
Region ______
Main Street
USA
U.S. Environmental Protection Agency
Region ______
P.O. Box ______
Main Street
USA

By the terms of the Settlement Agreement, and upon EPA's final approval of the Settlement Agreement,you waive the opportunity for a public hearing pursuant to Section 9006 of the Resource Conservation and Recovery Act. EPA will treat any response to the citation, other than acceptance of the Settlement Offer, as an indication that the recipient is not interested in pursuing this expedited settlement procedure.

Final approval of the Settlement Agreement is at the sole discretion of the Regional Administrator, Region________, EPA, or authorized delegate.

If you have any questions, you may contact the EPA Regional Office of Underground Storage Tanks at ________.

[ Directive 9610.14 ]

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