EPA Administrative - Formal case 05-2012-9904. Outcome: Final Order With Penalty. Penalty assessed: —. On January 25, 2012 EPA issued a Consent Agreement and Final Order (CAFO) under RCRA Section 3008(a) resolving claims for civil penalties against the City of Athens, Ohio for violations at its garage and paint shop at 387 W. State Street in Athens. In 2001 an EPA Administrative Law Judge had ordered the City to demonstrate financial assurance for closure and post-closure activities, and liability coverage for sudden and non-sudden accidental occurrences at the landfill outside the paint shop in accordance with the requirements at Ohio Administrative Code 3745-66-40 through 48. The City attempted to use the financial test to meet these requirements, but did not make the required demonstrations until September 3, 2009. The CAFO simultaneously commences and concludes EPAÂs action for alleged failures to establish financial assurance for closure; to demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences; and to comply with the 2001 Order. The CAFO resolves RespondentÂs liability for federal civil penalties for the violations alleged in the CAFO for $122,553.