NATIONALLY-DEFINED VALUES - ENFORCEMENT TYPE

Code

Name Description Formal Action*

110

Verbal Informal

Oral notification by an agency representative informing a RCRA hazardous waste site that they violated applicable laws or requirements. No further action is taken if the site achieves compliance in a timely manner.

No

120

Written Informal

A written notification by an agency representative informing and notifying a RCRA hazardous waste site that they violated applicable laws or requirements, advising the site of what to correct and by what date the correction should take place.

No

130

Notice of Determination

A written notification by an agency representative to a RCRA site in response to the specific site's self-disclosure of specific RCRA violations or requirements.

No

140

Letter of Intent to Initiate Enforcement Action

A written notification by an agency representative notifying a RCRA hazardous waste site of further follow-up enforcement action by the responsible agency. In some instances, these actions may be considered Notices of Intent or Show Cause letter.

No

210

Initial 3008(a) Compliance

Initial formal administrative enforcement action issued by the implementing agency asserting the agency's position that violations have occurred. The respondent/defendant is afforded the opportunity to appeal the agency's determination of violations to a trier of fact. These orders often impose penalties or proposed penalties.

Yes

220

Initial Imminent and Substantial Endangerment Order

Initial formal administrative order issued by the implementing agency addressing conditions which may present an imminent and substantial endangerment to public health or the environment.

No

230

Initial Monitoring, Analysis, Test Order

Initial formal administrative order issued by the implementing agency addressing situations that require monitoring, testing and/or analysis.

No

240

Initial 3008(h) I.S. CA Order

Initial formal administrative order issued by the implementing agency addressing corrective action.

No

250

Field Citation

An expedited initial formal administrative enforcement action addressing violations observed. These actions are often issued directly to a site in the field and assess penalties. In some instances, these actions may be considered "tickets."

No

305 3008(a) Expedited Settlement Agreement An expedited formal administrative order addressing alleged violations and requiring payment of penalty. No

310

Final 3008(a) Compliance Order

Final formal administrative order issued by the implementing agency asserting the agency's position that remedial action is required. The respondent/defendant is afforded the opportunity to appeal the agency's determination to a trier of fact.

Yes

320

Final Imminent Hazard Order

Final formal administrative order issued by the implementing agency addressing conditions which may present an imminent and substantial endangerment to public health or the environment.

No

330

Final Monitoring, Analysis, Test Order

Final formal administrative order issued by the implementing agency addressing situations that require monitoring, testing

and/or analysis.

No

340

Final 3008(h) I.S. CA Order

Final formal administrative enforcement action issued by the implementing agency addressing corrective action remediation needs.

No

380

Multi Site Super CA/FO

Final formal enforcement code to be used when a super consent agreement/final order (CA/FO) is issued pursuant to Part 22.13(b). These Super CA/FOs require a CA/FO sequence number which will be used to tie together all sites involved in this case. (Note: These actions MUST have a CA/FO sequence number, since it always has multiple sites.

Yes

385

Single Site Super CA/FO

Final formal enforcement code to be used when a super consent agreement/final order (CA/FO) is issued pursuant to Part 22.13(b). (Note: These actions CAN NOT have a CA/FO sequence number. The enforcement involves only one site.)

Yes

410

Referral to Attorney General

A formal written request to Attorney General to proceed with judicial enforcement.

Yes

420

Referral to Department of Justice

A formal written request to the Department of Justice to proceed with judicial enforcement.

Yes

425

Referral to DOJ to Collect Penalties

A formal written request to the Department of Justice to collect penalties.

Yes

430

Referral to District Attorney/City Attorney/County Attorney/State Attorney

A formal written request to a District Attorney, City Attorney, County Attorney, or State Attorney to proceed with judicial enforcement (all judicial referrals levels lower than DOJ and AG levels).

Yes

510

Initial Civil/Judicial Action for Compliance and/or Monetary Penalty

Initial formal legal actions taken (formally filed) for violation(s) that are not criminal actions which require compliance and/or assessment of monetary penalties.

Yes

520

Initial Civil Action for Imminent and Substantial Endangerment

Initial formal legal action filed in court to address conditions which may present an imminent and substantial endangerment.

No

530

Initial Civil/Judicial Action for Corrective Action

Initial formal legal action filed in court to address situations where violations require corrective action remediation response.

Yes

610

Final Civil/Judicial Action for Compliance and/or Monetary Penalty

Final formal legal actions taken (formally filed) for violation(s) that are not criminal actions, which require compliance and/or assessment of monetary penalties.

Yes

620

Final Civil/Judicial Action for Imminent and Substantial Endangerment

Final formal legal action filed in court to address conditions which may present an imminent and substantial endangerment to public health or the environment.

Yes

630

Final Civil/Judicial Action for Interim Corrective Action

Final formal legal action filed in court to address situations where violations require corrective action remediation response.

Yes

710

Referral to Criminal

A formal request to another agency or unit of government to proceed with criminal enforcement.

No

720

Criminal Indictment

A written notification advising a hazardous waste site they have been charged with a criminal offense.

No

730

Criminal Conviction

A court ruling which finds a hazardous waste site guilty of a criminal offense.

No

740

Criminal Acquittal

A court ruling which finds a hazardous waste site not guilty and set free from the charge of an offense by verdict, sentence, or other legal process.

No

810

State to EPA Administrative Referral

A formal written request to EPA from a State to proceed with enforcement.

Yes

820

EPA to State Administrative Referral

A formal written request to a State from EPA to proceed with enforcement.

Yes

830

RCRA to CERCLA Administrative Referral

A formal written request from a State or EPA RCRA program to a State or EPA CERCLA program.

Yes

840

EPA Regions to EPA HQ Administrative Referral

A formal written request from an EPA Region(s) to EPA Headquarters (HQ) that includes Federal Facilities and/or other cases to be handled at the HQ level.

Yes

850

Administrative Referrals to Other RCRA Programs

A formal written request from a RCRA regulatory program that is referred to another RCRA regulatory program, including UST, Corrective Action, and Municipal Solid Waste.

Yes

860

Administrative Referrals to Other Programs

A formal written request from a RCRA regulatory program that is referred to other regulatory programs such as Air, Water, OSHA, etc.

Yes

865

Referral to U.S. Treasury

A formal written request to the U.S. Treasury Department to collect penalties.

Yes

 

*The "Formal Action" designation indicates which enforcement actions are considered formal actions when determining if a significant non-complier has been addressed.