EPA ISSUED A COMPLAINT AGAINST RESPONDENT PROPOSING A PENALTY. THE PARTIES HAVE AGREED TO SETTLEMENT OF ITS VIOLATION BASEED UPON FINANCIAL ABILITY TO PAY ANALYSIS DEMONSTRATING THAT RESPONDENT COULD NOT PAY. IN ADDITION, RESPONDENT HAS PROVIDED AND ENVIRONMENTAL MANAGEMENT PLAN ( EMP ) AS REQUIRED UNDER THE ADMINISTRATIVE ORDER TO COMPLIANCE ON CONSENT. RESPONDENT WILL IMPLEMENT THE EMP AT ALL CONSTRUCTION SITES. THE ADMINISTRATIVE ORDER FOR COMPLIANCE ON CONSENT REQUIRES RESPONDENT TO EXECUTE ALL ACTIONS TO FULFILL ALL REQUIREMENT AND ADHERE TO ALL CONDITIONS INCLUDED IN THE EMP.