CONSENT AGREEMENT AND FINAL ORDER. Preliminary Statement
CONSENT AGREEMENT AND FINAL ORDER. NATURE OF THE ACTION
CONSENT AGREEMENT AND FINAL ORDER. Pursuant to the authority granted to the Commissioner of Insurance (“Commissioner”) by K.S.A. 40-103 and in accordance with K.S.A. 40-4901 et seq., the Commissioner xxxxxx accepts the stipulations of the parties and accepts surrender of Respondent’s Kansas nonresident insurance agent’s license. This Consent Agreement shall become effective as a Final Order, without further notice when signed by the Commissioner or her designee and filed of record with the Kansas Insurance Department (“KID”).
CONSENT AGREEMENT AND FINAL ORDER. This is an administrative action commenced and concluded under Section 325(c) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. § 11045(c), and Sections 22.13(b) and 22.18(b)(2) and (3) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at 40 C.F.R. Part 22.
CONSENT AGREEMENT AND FINAL ORDER. Pursuant to the authority granted to the Commissioner of Insurance (“Commissioner”) by K.S.A. 40-103 and in accordance with K.S.A. 40-2,125, the Commissioner hereby admonishes and assesses penalty against Heartland National Life Insurance Company (Heartland National) for violation of the applicable insurance statutes. This Consent Agreement shall become effective as a Final Order, without further notice, when signed by the Commissioner or her designee and filed of record with the Kansas Insurance Department (KID).
CONSENT AGREEMENT AND FINAL ORDER. The United States Environmental Protection Agency, Region 1 (“EPA” or “Complainant”) and Xxxxxxxxx Manufacturing Company (“Respondent” or “Xxxxxxxxx”) consent to the entry of this Consent Agreement and Final Order (“CAFO”) pursuant to 40 C.F.R. § 22.13(b) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Suspension of Permits, 40 C.F.R. Part 22 (“Consolidated Rules of Practice”). This CAFO resolves Respondent’s liability for alleged violations of Section 112(r)(1) of the Clean Air Act (“CAA”), 42 U.S.C. § 7412(r)(1).
CONSENT AGREEMENT AND FINAL ORDER. 25. In order to resolve the violations described above, and to provide a legal framework for the payment of a penalty, EPA and Respondent enter into this CAFO. Respondent consents to issuance of this CAFO and agrees to undertake all actions required by its terms and conditions. Respondent consents to the assessment of the civil penalty herein and consents to issuance of the compliance order described herein.
26. Respondent neither admits nor denies the factual allegations or conclusions of law contained in Section II, Findings of Fact and Conclusions of Law. Respondent admits the jurisdictional allegations contained in Section I, Preliminary Statement, Jurisdictional and Statutory Authority, and elsewhere in this CAFO, and waives any defenses it might have as to jurisdiction and venue. Respondent agrees not to contest EPA’s jurisdiction to issue this CAFO and not to contest EPA’s jurisdiction to enforce the terms of this CAFO.
27. Respondent hereby expressly waives its right to a hearing, pursuant to Section 309(g)(2)(B), 33 U.S.C. § 1319(g)(2)(B), on any issue of law or fact in this matter and consents to issuance of this CAFO without adjudication, and waives its right to appeal this final order pursuant to Section 309(g)(8)(B), 33 U.S.C. § 1319(g)(8)(B).
28. This CAFO addresses and settles all civil and administrative claims for CWA violations identified in this CAFO.
29. Each party to this action shall pay its own costs and attorney fees.
30. The provisions of this CAFO shall be binding upon the Respondent, and its officers, principals, directors, successors and assigns.
31. The parties agree that settlement of this matter prior to the initiation of litigation is in the public interest and that entry of this CAFO is the most appropriate means of resolving this matter.
32. Pursuant to Section 309(g)(4) of the Act, 33 U.S.C. § 1319 (g)(4), and 40 C.F.R. § 22.45(b), EPA is providing public notice and an opportunity to comment on the CAFO before issuing the Final Order. In addition, EPA has consulted with the District of Columbia regarding this action, and will mail a copy of this document to the appropriate DC official.
33. Based on the foregoing FINDINGS, and having taken into account the factors listed in Section 309(d) of the CWA, 33 U.S.C. § 1319(d), including but not limited to, the nature, circumstances, extent and gravity of the violation, the Respondent's knowledge, culpability and history of violations, the economic benefit to Respondent, the abil...
CONSENT AGREEMENT AND FINAL ORDER. In the Matter of Wausau Chemical Corporation Docket Number FIFRA-05-2021-0027 Xx. Xxxxxxxxxx: Enclosed please find a copy of a fully executed Consent Agreement and Final Order (CAFO) in resolution of the above case. This document was filed on Hearing Clerk. September 30, 2021 with the Regional The civil penalty in the amount of $38,400.00 is to be paid in the manner described in paragraphs 82-83 of the CAFO. Thank you for your cooperation in resolving this matter. Sincerely, XXXXXXX XXXXXX Xxxxxxx Xxxxxx Digitally signed by XXXXXXX XXXXXX Date: 2021.09.10 13:30:26 -05'00' Enforcement Officer Pesticides and Toxics Compliance Section Filed: September 30, 2021 FIFRA-05-2021-0027 U.S. EPA, Region 5 Regional Hearing Clerk ) Rodenticide Act, 7 U.S.C. § 136l(a)
CONSENT AGREEMENT AND FINAL ORDER. 1. The U.S. Environmental Protection Agency (EPA or Complainant) and Suncor Energy (U.S.A.) Inc. (Suncor or Respondent) agreed to a settlement of this action before the filing of a complaint, and thus this action is simultaneously commenced and concluded pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits.
CONSENT AGREEMENT AND FINAL ORDER. In the Matter of Grow Green, LLC, dba Hydro Pros Indoor Garden Supply Docket Number: FIFRA-05-2023-0010 Dear Xx. Xxxxxxxx: Enclosed please find a copy of a fully executed Consent Agreement and Final Order in resolution of the above case. This document was filed on Clerk. April 12, 2023 with the Regional Hearing The civil penalty in the amount of $64,880 is to be paid in a manner described in paragraphs 85 -
