An administrative enforcement action is accomplished in one of two ways. An Administrative Consent Order may be obtained from an Administrative Law Judge by holding an administrative hearing in accordance with the Administrative Procedures Act, or a voluntary Administrative Consent Agreement may be entered.
A. Administrative Consent Orders
An Administrative Consent Order is a unilateral judgment made by the Supervisor of Wells or by an administrative law judge. Evidence is heard during the administrative hearings process. If the party is not willing to enter into a voluntary administrative agreement and compliance has not been achieved, a unilateral decision is made in the form of an Administrative Consent Order. The judgment orders the party to come into compliance. Failure to comply with an administrative Consent Order can result in a criminal enforcement or civil enforcement action.
B. Administrative Consent Agreements
An Administrative Consent Agreement is a voluntary legally enforceable document that binds the EGLE and another person or legal entity for the purpose of resolving the alleged violation(s) of laws or regulations administered by the EGLE. An Administrative Consent Agreement usually contains provisions requiring the person to correct the violation, take steps to ensure that the violation is not repeated, remedy environmental damage and/or pay a monetary compensatory damage amount, or pay a penalty to deter future noncompliance.