### BEFORE THE ENVIRONMENTAL APPEALS BOARD

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D.C.

______________________________ ) I n re : ) ) Charter Communications, Inc. ) Docket No. CAA

- HQ

- 2012

- 8005 ) Docket No. CWA

- HQ

- 2012

- 8005 ) Docket No. EPCRA

- HQ

- 2012

- 8005 Respondent ) ______________________________)

CONSENT AGREEMENT

I. Preliminary Statement

1. Complainant, the United States Environmental Protection Agency (EPA), and Charter Communications, Inc. (Charter or Respondent), having consented to the terms of this Consent Agreement (Agreement), and before the taking of any testimony and without the adjudication of issues of la w or fact herein, agree to comply with the terms of this Agreement and attached proposed Final Order, hereby incorporated by reference.

2. Charter proposed an environmental audit of its operations at approximately 1,490 facilities in a letter to EPA dated Ju ly 6, 2009. EPA accepted Charter’s proposal in a letter dated October 2, 2009

, and entered into an a udit a greement under EPA’s policy entitled Incentives for Self

- Policing: Discovery, Disclosure, Correction and Prevention of Violations (Audit Pol icy), 65 Fed. Reg. 19,618 (Apr. 11, 2000).

3. On February 19, 2010, pursuant to EPA’s Audit Policy, Charter submitted voluntary disclosures to EPA regarding potential violations of:

A. Federally

- enforceable requirements adopted as part of a state implementation pl an (SIP) pursuant to Clean Air Act (CAA) Section 110, 42 U.S.C. § 7410;

B. CAA Section 111, 42 U.S.C. § 7411;

C. Clean Water Act (CWA) Section 311(j), 33 U.S.C. § 1321(j);

D. Emergency Planning and Community Right

- to

- Know Act (EPCRA) Section 302, 4 2 U.S.C. § 11002;

### 2

E. EPCRA Section 303, 42 U.S.C. § 11003;

F. EPCRA Section 311, 42 U.S.C. § 11021; and

G. EPCRA Section 312, 42 U.S.C. § 11022.

4. Respondent submitted a final audit report to EPA on February 19, 2010, which summarize d steps taken to prevent recurrence of any violations after they ha d been disclosed. Charter also submitted an addendum to the final audit report to EPA on August 20, 2010. Charter’s disclosures resulted in a final list of disclosed violations , found in A ttachment A

, hereby inc orporated by reference, which are the subject of this Agreement.

5. The disclosures listed in Attachment A have been determined by EPA to satisfy all the conditions set forth in the Audit Policy. These violations therefore qualify for a 100% reduction of the civil penalty’s gravity component, described further in Sections III

– V of this Agreement.

II. Jurisdiction

6. The parties agree to the commencement and conclusion of this cause of action by issuance of this Agreement, as pres cribed by EPA’s Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits, 40 C.F.R. Part 22, and more specifically by 40 C.F.R. § § 22.13 (b) and 22.18(b) (2)

- (3)

.

7. Respondent agrees that Complainant has the jurisdiction to bring an administrative action, based upon the facts that Respondent voluntarily disclosed concerning these violations, to compel compliance, and to assess civil penalties pursuant to CAA Section 113(a)(1)(A ), (d)( 1), 42 U.S.C. § 7413(a)(1)(A), (d)(1), CWA Section 311(b)(6)(A)

- (B), 33 U.S.C. § 1321(b)(6)(A)

- (B), and EPCRA Section 325(c) , 42 U.S.C

. § 11045(c).

8. Respondent hereby waives its right to request a judicial or administrative hearing on any issue of law or fact set forth in this Agreement and its right to seek judicial review of the proposed Final Order accompanying this Agreement.

9. For purposes of this proceeding only, Respondent admits that EPA has jurisdiction over the subject matter which is the basis of this Agreement.

10. Section 113(d)(1) of the CAA , 42 U.S.C. § 7413(d)(1), limits the Administrator’s authority to matters where the first alleged date of violation occurred no more than twelve (12) months prior to initiation of the administrative action, exc ept where the Administrator and Attorney General of the United States jointly determine that a matter involving a longer period of violation is appropriate for an administrative penalty action.

11. The Administrator and the Attorney General of the United States, each through their respective delegates, have determined jointly that this matter involving violations that are older

### 3

than twelve (12) months is appropriate for an administrative penalty action. Such determination was made on August 10 , 2012

.

II I. Statements of Fact

12. Respondent

, Charter

, is among the largest providers of cable services in the United States, offering a variety of entertainment, information and communications solutions to residential and commercial customers, and is located at 12405 Powerscourt Drive, St. Louis, Missouri 63131, and incorporated in the State of Delaware.

13. Pursuant to EPA’s Audit Policy, Respondent hereby certifies and warrants as true for all the violations listed in Attachment A the following facts upon which this Agreement is based:

A. The violations were discovered through an audit or through a compl iance management system reflecting due diligence;

B. The violations were discovered voluntarily;

C. The violations were promptly disclosed to EPA in writing;

D. The violations were disclosed prior to commencement of an agency inspection or investigat ion, notice of a citizen suit, filing of a complaint by a third party, reporting of the violations by a “whistle blower” employee, or imminent discovery by a regulatory agency;

E. The violations have been corrected;

F. Appropriate steps have been taken to prevent a recurrence of the

v iolations;

G. The specific violations (or closely related violations), identified in Attachment A, have not occurred within three years of the date of disclosure identified in Section I, Paragraphs 2, 3, and 4 above, at t he same facilities that are the subject of this Agreement, and have not occurred within five years of the date of disclosure identified in Section I, Paragraphs 2, 3, and 4 above, as part of a pattern at multiple facilities owned or operated by Respondent. For the purposes of S ubparagraph G, a violation is:

(i) A ny violation of federal, state, or local environmental law identified in a judicial or administrative order, consent agreement or order, complaint, or notice of violation, conviction or plea
agre ement; or

### 4 (ii) A ny act or omission for which the regulated entity has previously received penalty mitigation from EPA or a state or local agency;

H. The violations have not resulted in serious actual harm nor presented an imminent and substantial endangerment to human health or the environment and they did not violate the specific terms of any judicial or administrative Final Order or Agreement; and

I. Respondent has cooperated as requested by EPA.

IV. Conclusions of Law

14. For purposes of t his Agreement, Respondent is a “ person ” within the meaning of Section 302(e) of the CAA, 42 U.S.C. § 7602(e), and operates “ stationary sources ” within the meaning of Section 302(z) of the CAA, 42 U.S.C. § 7602(z).

15. Section 110(a) of the CAA, 42 U.S.C. § 74 10(a), requires a state to adopt a SIP to implement, maintain, and enforce ambient air quality standards.

CAA General Permit s or Exemption s for Fifty

- Four ( 54 ) Emergency Generators at Various Facilities A cross Alabama

16. EPA approved the Alabama permit requirement and exemption provisions as part of the SIP on August 28, 1985, which approval became effective on October 28, 1985. Upon approval by EPA of the Alabama SIP, the state’ s requirements became federally

- enforceable. ( See 50 Fed. Reg. 34,804

. )

17. Respondent operated fifty

- four ( 54 ) emergency generators at various facilities across Alabama.

18. Respondent was required to either obtain permit s to operate emergency generators or request exemption s in accordance with Ala

. Admin

. Code r. 335

- 3

- 14

- .01(1 ) and (5).

19. Respondent violated federally

- approved Alabama SIP requirements by failing to obtain the permit s or required exemption s for emergency generators at its various facilities across Alabama in accordance with Ala. Admin. Code r. 335

- 3

- 14

- .01(1) and (5).

CAA Construction Permit for an Emergency Generator in Kearney, Nebraska

20. EPA approved the Nebraska construction permit requi rements as part of the SIP on July 8, 2003, which approval became effective on September 8, 2003. Upon approval by EPA of the Nebraska SIP, the state’ s requirements became federally

- enforceable. ( See 68 Fed. Reg. 40,528

. )

21. Respondent operated an emergenc y generator at its facility located in Kearney, Nebraska.

### 5

22. Respondent was required to apply for and obtain an emergency generator construction permit in accordance with Title 129 of Neb

. Admin

. Code § 17

- 001.01.

23. Respondent violated the federally

- approved Nebraska SIP requirements by failing to apply for and obtain the required construction permit for an emergency generator at its Kearney, Nebraska facility in accordance with Title 129 of Neb. Admin. Code § 17

- 001.01.

CAA Permit for an Emergency Generat or in Bellefontaine, Ohio

24. EPA approved the Ohio permit and permit

- by

- rule requirements as part of the SIP on January 22, 2003, which approval became effective on March 10, 2003. Upon approval by EPA of the Ohio SIP, the state’ s requirements became fe derally

- enforceable. ( See 68 Fed. Reg. 2,909.)

25. Respondent operated an emergency generator above the exempt level for the size of the generator at its facility located in Bellefontaine, Ohio.

26. Respondent was required to apply for and obtain a permit or coverage under the permit

by

- rule to operate the emergency generator at its Bellefontaine, Ohio facility in accordance with Ohio Admin. Code §§ 3745

- 31

- 02

, 3745

- 31

- 03(A)(4)(a).

27. Respondent violate d the federally

- approved Ohio SIP requirements by failing to apply for and obtain the required permit or coverage under the permit

- by

- rule at its Bellefontaine, Ohio facility in accordance with Ohio Admin. Code §§ 3745

- 31

- 02

, 3745

- 31

- 03(A)(4)(a).

CAA Co nstruction Permits for F our (4) Emergency Generators at V arious Facilities Across Tennessee

28. EPA approved the Tennessee construction permit requirement as part of the SIP on July 29, 1996, which approval became effective on September 12, 1996. ( See 6 1 Fed. Reg. 39,332

. ) Upon approval by EPA of the Tennessee SIP, the state’s requirements became federally

enforceable.

29. Respondent operated emergency generators at facilities in Tennessee.

30. Respondent was required to obtain a construction permit for its facilities in Blountville, Gatlinburg, Clarksville and Jackson, Tennessee in accordance with Tenn. Comp. R

. & Regs. § 1200

- 03

- 09

- .01(1)(a).

31. Respondent did not obtain a construction permit at these four (4) facilities in accordance with Tenn. Co mp. R

. & Regs. § 1200

- 03

- 09

- .01(1)(a).

32. Respondent violated the federally

- approved Tennessee SIP requirements by failing to obtain construction permits for these four (4) emergency generators located across Tennessee in accordance with Tenn. Comp. R

. & Reg s. § 1200

- 03

- 09

- .01(1)(a).

### 6

CAA Registration and Notification Requirements for Seven (7) E mergency G enerators at V arious Facilities A cross Washington

33. EPA approved the Washington Department of Ecology registration requirement for stationary internal combustion engines of five hundred ( 500 ) horsepower or more and the notice of construction/approval requirement for new sources or emissions units as part of the SIP on June 2, 1995, which approval became effective on June 2, 1995. ( See 60 Fed. Reg. 28,726

. ) EPA also approved the Yakima Regional Clean Air Agency’s (YRCAA) registration and construction notification/approval requirements as part of the SIP on February 2, 1998, which approval became effective on March 4, 1998

. ( See 63 Fed. Reg. 5,269

. ) Upon approval by EPA of the Washington SIP, the state’ s requirements became federally

- enforceable.

34. Respondent operated e mergency generators at various faciliti es across Washington.

35. Respondent was required to register and provide notice of construction and obtain approval for five (5) of its emergency generators at facilities in Walla Walla, Ellensburg, East Wenatchee, Colville, and Kennewick, Washington in ac cordance with Wash. Admin. Code §§ 173

- 400

- 100( 1)(z)

, 173

- 400

- 110. R espondent was required to register and give notice of construction and obtain approval fo r emergency generators at two (2) facilities in Yakima and Sunnyside, W ashington under Restated Regulation I of the Yakima County Clean Air Authority (YCCAA Regulation I ) §§ 4.01, 4.02.

36. Respondent violated the federally

- approved Washington SIP requirements by failing to apply for and obtain registrations and meet notice requirements for emergency generators at its five (5) facilities in Walla Walla, Ellensburg, East Wenatchee, Colv ille, and Kennewick, Washington in accordance with Wash. Admin. Code §§ 173

- 400

- 100(1)(z), 173

- 400

- 110 , and for failure to register and give notice of construction for em ergency generators at its Yakima and Sunnyside, W ashington facilities under Y C CAA Regulation I § § 4.01, 4.02.

CAA NSPS Fuel Content Requirement

37. Section 111 of the CAA, 42 U.S.C. § 7411, requires the Administrator to promulgate and enforce regulations establishing emission standards and fuel requirements for groups of new stationary sources.

38. The Administrator promulgated requirements regulating the sulfur fuel content for stationary compression ignition internal combustion engines on July 11, 2006. ( S ee 71 Fed. Reg. 39

, 1 54 .) These requirements are found at 40 C.F.R. Part 60, Subpart IIII.

39. 40 C.F.R. § 60.4207 requires owners of non

- fire pump compression ignition internal combustion engines to use diesel fuel with a sulfur content below five hundred ( 5 00 ) ppm beginning October 1, 2007.

### 7

40. Respondent is the owner and operator of a non

- fire pump compression ignition internal combustion engine at 603 East Clearwood Drive, Duluth, M innesota 55811.

41. Respondent failed to convert from high

- sulfur ( five thousand ( 5000 ) ppm) diesel fuel to less than five hundred ( 500 ) ppm diesel fuel by October 1, 2007.

42. Respondent therefore violated CAA Section 111, 42 U.S.C. § 7411, and 40 C.F.R. § 60.4207.

CWA Spill Prevention, Control, and Countermeasure (SPCC) Pla n Requirements

43. Respondent is a “ person ” within the meaning of CWA Section 311(a)(7), 33 U.S.C. § 1321(a)(7), and 40 C.F.R. § 112.2, and is the “ owner or operator, ” as defined by CWA Section 311(a)(6), 33 U.S.C. § 1321(a)(6), and 40 C.F.R. § 112.2, of its offices or facilities.

44. The regulations at 40 C.F.R. §§ 112. 1

- 112.7, which implement CWA Section 311(j)(1)(C) , 33 U.S.C. § 1321(j)(1)(C), set forth procedures, methods, and requirements to prevent the discharge of oil and petroleum fuels fro m non

- transportation

- related facilities into or upon the navigable waters of the United States or adjoining shorelines in such quantities that by regulation have been determined may be harmful to the public health or welfare or environment of the United St ates by owners or operators who are engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing or consuming oil and oil products.

45. 40 C.F.R. § 112.3(a) requires owners and operators of onshore and offshore faciliti es that have discharged or, due to their location, could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines, to prepare an SPCC Plan.

46. Respondent is engaged in storin g or consuming oil products located at its offices or facilities in quantities such that discharges “ may be harmful, ” as defined by 40 C.F.R. § 110.3.

47. Respondent’s facilities are “ onshore facilities ” within the meaning of CWA Section 311(a)(10), 33 U.S.C. § 1321(a)(10), and 40 C.F.R. § 112.2, which, due to their location, could reasonably be expected to discharge oil to a “ navigable water ” (as defined by CWA Section 502(7), 33 U.S.C. § 1362(7), and 40 C.F.R. § 110.1) or its adjoining shorelines that may ei ther (1) violate applicable water quality standards, or (2) cause a film or sheen or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelin es.

48. Based on the above, and pursuant to CWA Section 311(j)(1)(C), 33 U.S.C. § 1321(j)(1)(C), and its implementing regulations, Respondent is subject to the requirements of 40 C.F.R. §§ 112. 1

- 112.7, at certain facilities listed in Attachment A.

### 8

49. Respondent violated the CWA at two (2) facilities identified in Attachment A by failing to prepare and implement an SPCC Plan as required by CWA Section 311(j)(1)(C), 33 U.S.C. § 1321(j)(1)(C), and the requirements of 40 C.F.R. §§ 112. 1

- 112.7.

EPCRA Requi rements

50. Respondent is a “ person ” as defined in EPCRA Section 329(7), 42 U.S.C. § 11049(7), and is the owner or operator of “ facilities ” listed in Attachment A as defined in EPCRA Section 329(4), 42 U.S.C. § 11049(4).

51. Section 302(c) of EPCRA, 42 U.S.C. § 11002(c), and the regulations found at 40 C.F.R. Part 355, require the owner or operator of a facility at which an extremely hazardous substance is present, at or above stated threshold quantities, to notify the State Emergency Response Commission (SERC) a nd /or the Local Emergency Planning Committee (LEPC) that the facility is subject to the requirements of EPCRA Section 302(c).

52. Section 303(d) of EPCRA, 42 U.S.C. § 11003(d), and the regulations found at 40 C.F.R. Part 355, require the owner or operator of a facility at which an extremely hazardous substance is present, at or above stated threshold quantities, to notify the LEPC of the facility representative who wil l participate in the emergency planning process as a facility emergency coordinator.

53. Section 311(a) of EPCRA, 42 U.S.C. § 11021(a), and the regulations found at 40 C.F.R. Part 370, require the owner or operator of a facility, which is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. §§ 651

- 678) and regulations promulgated under the OSH Act, to submit the MSDS or, in the alternative, a list of chemicals to the LEPC, SERC, and fire department with jurisdiction over the facility by October 17, 1987, or within three (3) months of first beco ming subject to the requirements of EPCRA Section 311 , 42 U.S.C. § 11021

.

54. Section 312(a) of EPCRA, 42 U.S.C. § 11022(a), and the regulations found at 40 C.F.R. Part 370, require the owner or operator of a facility, which is required to have an MSDS for a hazardous chemical under the OSH Act, and regulations promulgated under the OSH Act, to prepare and submit an emergency and hazardous chemical inventory form (Tier I or Tier II as described in 40 C.F.R. Part 370) containing the information required by thos e sections to the LEPC, SERC, and fire department with jurisdiction over the facility by March 1, 1988

, or March 1 of the first year after the facility becomes subject to the requirements of EPCRA Section 312, and annually thereafter.

55. Diesel fuel, lead an d sulfuric acid are “hazardous chemicals,” as defined in S ections 311(e) and 329(5) of EPCRA, 42 U.S.C. §§ 11021(e) and 11049(5), and 40 C.F.R. § 370.66. Sulfuric acid is also listed, in the appendices to 40 C.F.R. Part 355, as an “extremely hazardous sub stance” (EHS), as defined in 40 C.F.R. § 370.66.

### 9

5 6

. As set forth in 40 C.F.R. § 370.10(a)(2), the reporting threshold amount for hazardous chemicals present at a facility at any one time during the preceding calendar year is ten thousand (10,000) pounds. The reporting thresholds, therefore, for diesel fuel and lead are ten thousand (10,000) pounds. Pursuant to 40 C.F.R. § 370.10(a)(1), the reporting threshold for an EHS present at a facility is five hundred (500) pounds or the threshold planning quantit y (TPQ) as defined in 40 C.F.R. Part 355, whichever is lower. The TPQ for sulfuric acid is one thousand (1,000) pounds. The reporting threshold for sulfuric acid, therefore, is five hundred (500) pounds.

57. The information supplied by Respondent indicates that, for varying lengths of time from 200 4 through 200 8 , sulfuric acid , lead and/or diesel fuel in excess of the threshold amounts, were present at certain facilities listed in Attachment A.

58. Respondent’s “facilities,” as defined in S ection 329(4) of EPCRA, 42 U.S.C. § 11049(4), and 40 C.F.R. §§ 355.61 and 370.66, are subject to S ection s 302, 303, 311, and 312 of EPCRA

, 42 U.S.C. § § 11002, 11003, 11021, 11022, and their implementing regulations

.

59. Respondent has violated the following r equirements:

A. EPCRA Section 302(c), 42 U.S.C. § 11002(c), and its implementing regulations at 40 C.F.R. Part 355, at forty

- seven (4 7 ) facilities by failing to notify the SERC and/or LEPC that these facilities are subject to the requirements of EPCRA Section 302(c), as identified in Attachment A ;

B. EPCRA Section 303(d), 42 U.S.C. § 11003(d), and its implementing regulations at 40 C.F.R. Part 355 , at the same forty

- seven (4 7 ) facilities by failing to designate a facility emergency coordinator and noti fy the LEPC with jurisdiction over these facilities identified in Attachment A ;

C. EPCRA Section 311(a), 42 U.S.C. § 11021(a), and its implementing regulations at 40 C.F.R. Part 370, at seventy

- eight (78) facilities by failing to submit an MSDS for a hazardous chemical(s) and extremely hazardous chemical(s) containing the required information to the LEPC, SERC, and fire department with jurisdiction over these facilities identified in Attachment A; and

D. EPCRA Section 312(a), 42 U.S.C. § 11022(a), and the regulations found at 40 C.F.R. Part 370, at the same seventy

- eight (78) facilities by failing to submit emergency an d chemical inventory forms to the LEPC, SERC, and fire department with jurisdiction over these facilities identified in Attachment A.

### 10 V. Civil Penalty

60. EPA agrees, based upon the facts and information submitted by Respondent and upon Respondent’s c ertification herein to the veracity of this information, that Respondent has satisfied all of the conditions set forth in the Audit Policy for those violations described in Attachment A and thereby qualifies for a 100% reduction of the gravity component of the civil penalty that otherwise would apply to these violations. EPA alleges that the gravity component of the civil penalty for violations described in Attachment A would ordinarily be $3,164,851. Of that potential penalty, $1,605,855 is attributable to CAA violations, $27,420 is attributable to CWA violations, and $1,531,576 is attributable to EPCRA violations. EPA alleges that this gravity component is potentially assessable against Respondent for the violations described in Attachment A

. Pursuant to the Audit Policy, however, EPA will waive 100% of the gravity

based penalties potentially assess able for the violations in Section IV and Attachment A

.

61. Under the Audit Policy, EPA has discretion to assess a penalty equivalent to the economic benefit Respondent gained as a result of its noncompliance. Based on information provided by Respondent and use of the Economic Benefit (BEN) computer model, for the violations described in Attachment A

, EPA has determined that Respondent obtained an economic benefit of $57,313 as a result of its noncompliance in this matter. Of this amount, $11,453 is attributable to CAA violations, $3,767 is attributable to CWA vio lations, and $42,093 is attributable to EPCRA violations. Pursuant to the Audit Policy, EPA will assess a penalty equivalent to the economic benefit for the violations listed in Attachment A.

62. Accordingly, the civil penalty agreed upon by the parties for settlement purposes is $57,313.

VI. Terms of Settlement

63. Respondent agrees to pay a civil penalty in the total sum of FIFTY

- SEVEN THOUSAND THREE HUNDRED AND THIRTEEN dollars ($57,313.00), in the manner set forth in following paragraphs, for the violation s alleged herein within thirty (30) calendar days of issuance of the Final Order ( i.e. , the effective date of this Consent Agreement and attached Final Order). ( See 40 C.F.R. § 22.31(c)

. )

64. For payment of the civil penalty related to the CAA and EPCRA violations, Respondent shall pay the amount of FIFTY

- THREE THOUSAND FIVE HUNDRED AND FORTY

- SIX dollars ($53,546.00) using one of the following instructions:

### 11

A. Via U.S

. Postal Service re gular mail of a certified or cashier’s check, made payable to the “United States Treasury,” sent to the following address:

U

. S

. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center Post Office Box 979077 St. Louis, MO 63197

- 9000

B. Via overnight delivery of a certified or cashier’s check, made payable to the “United States Treasury,” sent to the following address:

U.S. Environmental Protection Agency Fines and Penalties U. S. Bank 1005 Convention Plaza Mail S tation SL

- MO

- C2

- GL St. Louis, MO 63101

The U.S. Bank customer service contact for overnight delivery is Natalie Pearson, who may be reached at 314

- 418

- 4087.

C. Via electronic funds transfer (EFT) to the following account:

Federal Reserve Bank of New York ABA Number: 021030004 Account Number: 68010727 SWIFT Address: FRNYUS33 33 Liberty Street New York, NY 10045

Field Tag 4200 of the Fedwire message should read: “D 68010727 Environmental Protection Agency

- Charter Communications, Inc., Docket No. CAA

- HQ

- 2012

- 8005 and EPCRA

HQ

- 2012

- 8005.”

The Federal Reserve customer service contact may be reached at 212

- 720

- 5000.

### 12

D. Via automatic clearinghouse (ACH), also known as Remittance Express (REX), to the following account:

US Treasury REX/Cashlink ACH Receiver ABA No. 051036706 Account Number 310006, Environmental Protection Agency CTX Format Transaction Code 22

– checking

Physical location of the United States Treasury facility:

5700 Rivertech Court Riverdale, MD 20737

The U

. S

. Treasury customer service contact, John Schmid, may be reached at 202

- 874

- 7026. The REX customer service contact may be reached at 866

- 234

- 5681.

E. Via on

- line payment (from bank account, credit card, debit card):

Website: www.pay.gov Enter “SFO 1.1” in the search field. Open the form and complete the required fields (marked with an asterisk). Under “Type of Payment,” choose “Civil Penalty.” Under “Invoice#

, ” ty pe “Charter Communication, Inc., Docket No. HQ

- 2012

- 8005” into the “Court # or Bill #” subfield. Leave the other subfields blank. Under “Installments?

, ” choose “No.” Under “Region,” type “HQ.”

Payment by check or wire transfer shall bear the case name and docket number

– “ Charter Communications, Inc., Docket No. CAA

- HQ

- 2012

- 8005 and EPCRA

- HQ

- 2012

- 8005.”

6 5

. For payment of the civil penalty related to the CWA SPCC violations, Respondent shall, within thirty (30) days of issuance of the Final Order , forward a cashier’s or certified check in the amount of THREE THOUSAND SEVEN HUNDRED AND SIXTY

- SEVEN dollars ($3,767.00) made payable to the “Environmental Protection Agency,” and bearing the notation “OSLTF

– 311” to:

U.S. Environmental Protection Agen cy Fines and Penalties, Cincinnati Finance Center PO Box 979077 St. Louis, MO 63197

- 9000

The check shall indicate that it is for In re: Charter Communications, Inc. , Docket No. CWA

- HQ

- 2012

- 8005.

### 13

Alternatively, Respondent shall pay THREE THOUSAND SEVEN H UNDRED AND SIXTY

- SEVEN dollars ($3,767.00) by wire transfer with a notation of “ In re: Charter Communications, Inc. , Docket No. CWA

- HQ

- 2012

- 8005” to the Federal Reserve Bank of New York using the following instructions:

Federal Reserve Bank of New York ABA Routing Number: 021030004 Account Number: 68010727 SWIFT A ddress: FRNYUS33 33 Liberty Street New York, NY 10045

Field Tag 4200 of the Fedwire message should read: “D 68010727 Environmental Protection Agency

- Charter Communications, Inc.

, Docket No. CWA

- HQ

- 2012

- 8005.”

The check or wire transfer shall bear the case docket number CWA

- HQ

- 2012

- 8005.

66. Respondent shall forward evidence of the checks, wire transfers, and/or internet

- based payments to EPA, within five (5) days of payment, to the following personnel/addresses below or send a PDF copy of such documentation to Milton. P hilip@epa.gov and Durr.Eurika@epa.gov.

Philip Milton Special Litigation and Projects Division (2248A) Office of Enforcement and Compliance Assurance U.S. Environmenta l Protection Agency 1200 Pennsylvania Avenue, N.W. Ariel Rios Building, Room 3124

- B Washington, D.C. 20460

Clerk, Environmental Appeals Board U.S. Environmental Protection Agency MC 1103M EPA East Building 1200 Pennsylvania Avenue, N.W. Washington, D

. C

. 20460

6 7

. Respondent’s obligations under this Agreement shall end when it has paid the civil penalties as required by this Agreement and the Final Order, and complied with its obligations under Section VI, Paragraphs 63

- 66 of this Agreeme nt.

6 8

. For the purpose of state and federal income taxation, Respondent shall not be entitled, and agrees not to attempt, to claim a deduction for any civil penalty payment

### 14

made pursuant to the Final Order. Any attempt by Respondent to deduct any such payments shall constitute a violation of this Agreement.

6 9

. Pursuant to 31 U.S.C. § 3717, EPA is entitled to assess interest and penalties on debts owed to the United States and a charge to cover the cost of processing and handling a delinquent claim. I nterest will therefore begin to accrue on the civil penalty from the date of entry of the Final Order, if the penalty is not paid by the date required. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance wit h 40 C.F.R. § 13.11. A charge will be assessed to cover the costs of debt collection, including processing and handling costs and attorney fees. In addition, a penalty charge of six percent ( 6 %) per year compounded annually will be assessed on any portio n of the debt that remains delinquent more than ninety (90) days after payment is due.

VII. Severability

70

. As part of this Agreement, and in satisfaction of the requirements of the Audit Policy, Respondent has certified to certain facts. The parti es agree that, i f and to the extent that EPA determines that any information or certifica tion provided by Respondent is materially false or inaccurate , the portion of this Agreement pertaining to the affected facilities, including mitigation of the propose d penalty, may be voided or this entire Agreement may be declared null and void at EPA’s election, and EPA may proceed with an enforcement action.

7 1

. The parties agree that Respondent reserves all of its rights should this Agreement be voided in whole or in part. The parties further agree that Respondent’s obligations under this Agreement will cease should this Agreement be rejected by the Environmental Appeals Board (EAB); provided, however, that in the event that the EAB expresses any objections to, or its intent to reject, this Agreement, the parties agree that they shall exercise their mutual best efforts to address and resolve the EAB’s objections.

VIII. State and Public Notice

7 2

. The parties acknowledge that the settlement portions of this Agre ement which pertain to the CWA violations are, pursuant to CWA Section 311(b)(6)(C)(i), 33 U.S.C. § 1321(b)(6)(C)(i), subject to public notice and comment requirements. Furthermore, the parties acknowledge and agree that, at that time, EPA will also provi de notice of the CAA and EPCRA portions of this Agreement. Should EPA receive comments regarding the issuance of the Final Order assessing the civil penalty agreed to in Section V

, EPA shall forward all such comments to Respondent within ten (10) days of the receipt of the public comments.

7 3

. This Agreement serves as the Notice of Violation to the Respondent required by CAA Section 113(a)(1), 42 U.S.C. § 7413(a)(1). EPA will also notify the states of Alabama, Nebraska, Ohio, Tennessee, and Washington as required by CAA Section 113(a)(1), 42 U.S.C. § 7413(a)(1).

### 15

7 4

. Respondent has been afforded the opportunity to confer with EPA as provided for by CAA Se ction 113(a)(4), 42 U.S.C. § 7413(a)(4).

IX. Reservation of Rights

7 5

. This Agreement and the Final Order, when issued by the EAB, and upon payment by Respondent of civil penalties in accordance with Section VI, shall resolve only the federal civ il and administrative claims specified in Section IV and Attachment A. Nothing in this Agreement and the Final Order shall be construed to limit the authority of EPA and/or the United States to undertake any action against Respondent, in response to
any c ondition which EPA or the United States determines may present an imminent and substantial endangerment to the public health, welfare, or the environment. Furthermore, issuance of the Final Order does not constitute a waiver by EPA and/or the United State s of its right to bring an enforcement action, either civil or criminal, against Respondent for any violation of any federal or state statute, regulation, order or permit, except with respect to the violations specified in Section IV and Attachment A. The immediate preceding sentence in no way limits EPA’s rights under Paragraph 7 0 , including with respect to the violations specified in Section IV and Attachment A as to which EPA retains all of its rights set forth in Paragraph 7 0

.

X. Other Matters

7 6

. Each party shall bear its own costs and attorney fees in this matter.

7 7

. The provisions of this Agreement and the proposed Final Order, when issued by the EAB, shall apply to and be binding on EPA and the Respondent, as well as Respondent’s officers, agents, successors and assigns. Any change in ownership or corporate status o f the Respondent including, but not limited to, any transfer of assets or real or personal property shall not alter Respondent’s responsibilities under this Agreement, including the obligation to pay the civil penalty referred to in Section VI.

7 8

. Noth ing in this Agreement shall relieve Respondent of the duty to comply with all applicable provisions of the CAA, CWA, EPCRA, or other federal, state, or local laws or regulations, nor shall it restrict EPA’s authority to seek compliance with any applicable laws, nor shall it be construed to be a ruling on, or a determination of, any issue related to any federal, state, or local permit.

7 9

. Except as provided in Paragraph 71 , Respondent waives any rights it may have to contest the allegations contained herein and its right to seek judicial review of the Final Order accompanying this Agreement.

80

. The undersigned representatives of each party to this Agreement certify that each is duly authorized by the party whom s/he represents to enter into these ter ms and bind that party to it.

### 18 BEFORE THE ENVIRONMENTAL APPEALS BOARD UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D.C.

______________________________ ) I n re : ) ) Charter Communications, Inc. ) Docket No. CAA

- HQ

- 2012

- 8005 ) Docket No. CWA

- HQ

- 2012

- 8005 ) Docket No. EPCRA

- HQ

- 2012

- 8005 ______________________________)

FINAL ORDER

Whereas, Complainant, the United States Environmental Protection Agency (Complainant or EPA), and Charter Communications, Inc. (Charter or Respondent), the parties herein, represented by counsel, have consented to the entry of this Final Order, and agree to comply with the Consent Agreement signed by the parties and incorporated herein;

Whereas, EPA caused a Notice for Public Comment on the proposed issuance of this Final Order to be published in the Federal Register on ___________201 3 , as require d by Clean Water Act Section 311(b)(6), 33 U.S.C. § 1321(b)(6), the public notice and comment period required has closed, and no comments were received; and

Pursuant to 40 C.F.R. § 22.18 of EPA’s Consolidated Rules of Practice, t he Consent Agreement is incorporated by reference into this Final Order and hereby r atified

.
The Respondent is hereby ORDERED to comply with all terms of the Consent Agreement, effective immediately.

S o o rdered.

Date:

______________________ ________ Judge, Environmental Appeals Board

### 19 CERTIFICATE OF SERVICE

I hereby certify that copies of the Final Order for In re: Charter Communications, Inc.

, Docket Nos. CAA

- HQ

- 2012

- 8005, CWA

- HQ

- 2012

- 8005, and EPCRA

- HQ

- 2012

- 8005, were sent to the following persons in the manner indicated:

By Certified Mail: Scott H. Reisch, Esq. Hogan Lovells US LLP One Tabor Center, Suite 1500 1200 Seventeenth Street Denver, CO 80202

By Inter

- Office Mail: Andrew R. Stewart, Acting Director Special Litigation and Projects Division (2248A) Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency

Dated:

__________________________________ Sig nature

### Attachment A

Charter Communications
, Inc. Facilities with CAA § 110 Violations

Address City State Zip CAA § 110 State Implementation Plan (SIP) Violations Generator Install Date Date Violation

Corrected By
3423 Hooper Lane SE Decatur AL 35603 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 00 2/9/2010

270 Hwy 78 Leeds AL 35094 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 00 1/15/2010

240 Stevens Dr Montevallo AL 35115 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Aug

- 01 2/9/2010

623 Elliott Blvd Jasper AL 35501 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 2001 2/9/2010

733 Main St Gardendale AL 35071 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Oct

- 01 1/15/2010

1301 Samford Place Opelika AL 36804 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

401 S 6th St Lanett AL 36863 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jun

- 97 2/9/2010

5990 S Monticello Dr Montgomery AL 36117 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

12625 Tom Montgomery Rd Northport AL 35473 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Oct

- 03 2/9/2010

233 W est L aurel S t Scottsboro AL 35768 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

608 Hwy 72 W Athens AL 35611 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Nov

- 97 2/9/2010

2935 Citizens Parkway Selma AL 36701 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

14 Adkins Rd Double Springs AL 35553 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Aug

- 02 2/9/2010

5356 Hwy 280 S Inverness AL 35246 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Apr

- 01 2/9/2010

4581 Cahaba River R oad Altadena AL 35243 AL Code r. 3 3 5

- 3

- 14

- .01( 1 )

, 3 3 5

- 3

- 14

- .01( 5 ) Oct

- 07 1/15/2010

135 Moseley St Cordova AL 35550 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Sep

- 00 2/9/2010

437 5th Court NE Carbon Hill AL 35549 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Sep

- 00 2/9/2010

1013 H ull Road Sumiton AL 35148 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Sep

- 00 2/9/2010

### Attachment A

A

- 2 Charter Communications
, Inc. Facilities with CAA § 110 Violations

Address City State Zip CAA § 110 State Implementation Plan (SIP) Violations Generator Install Date Date Violation

Corrected By
4689 B Birmingport Road Mulga AL 35118 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 99 1/15/2010

201 Gibbs St Troy AL 36081 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

4817 Hwy 17 Helena AL 35080 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Apr

- 01 2/9/2010

3443 Lorna Lane Hoover AL 35216 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 96 1/15/2010

105 Kay A ve Trussville AL 35173 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jun

- 95 1/15/2010

934 East Andrews Ave Ozark AL 36360 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Feb

- 03 2/9/2010

100 Cable TV Ave Elba AL 36081 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

5765 Hwy 231 Sylacauga AL 35150 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 02 2/9/2010

100 County Road 9 Wilsonville AL 35186 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jul

- 00 2/9/2010

1851 13th Avenue Haleyville AL 35565 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jul

- 02 2/9/2010

1990 Mall Blvd Auburn AL 36830 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

201 Torrence Road Tuskegee AL 36083 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

Hwy 71 Shelby AL 35143 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jul

- 00 2/9/2010

103 Peterson Ave Thorsby AL 35171 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Sep

- 02 2/9/2010

836 Mulberry Street Russellville AL 35653 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Nov

- 07 2/9/2010

501 Church Street Moulton AL 35650 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Nov

- 07 2/9/2010

4109 Old Field Rd Sylacauga AL 35150 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 1988 2/9/2010

Mountain View Drive Hartselle AL 35640 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 00 2/9/2010

### Attachment A

A

- 3 Charter Communications
, Inc. Facilities with CAA § 110 Violations

Address City State Zip CAA § 110 State Implementation Plan (SIP) Violations Generator Install Date Date Violation

Corrected By
College Street Leighton AL 35646 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Nov

- 04 2/9/2010

10123 Hwy 72 Athens AL 35611 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Nov

- 04 2/9/2010

1602 Tallapoosa St Alexander City AL 35010 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Sep

- 02 2/9/2010

537 Conway St Albertville AL 35950 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 2000 2/9/2010

111 Satellite Drive Guntersville AL 35976 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 98 2/9/2010

111 Satellite Drive Guntersville AL 35976 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 02 2/9/2010

725 Mountvue Rd Piedmont AL 36272 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 1998 2/9/2010

3580 Bairmont Rd Taylorville AL 35456 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 2001 2/9/2010

220 Cheshire Dr Westover AL 35078 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Feb

- 01 2/9/2010

900 Montview Drive Piedmont AL 36272 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 1998 2/9/2010

921 Pleasant Ave Montgomery AL 36104 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

840 Ray Thorington R d Montgomery AL 36117 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 03 2/9/2010

100 Campbell St Dadeville AL 36853 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Jan

- 02 2/9/2010

5414 Taylors Mill Rd Talladega AL 35160 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Sep

- 01 2/9/2010

1205 Jay Bird Rd Midfield AL 35228 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) est imated 1990 1/15/2010

2415 Hwy 22 West Clanton AL 35045 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Nov

- 02 2/9/2010

529 Northington Street Prattville AL 36067 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) Dec

- 04 2/9/2010

1313 Sun Hill Rd Birmingham AL 35215 AL Code r. 3 3 5

- 3

- 14

- .01(1), 3 3 5

- 3

- 14

- .01(5) 2007 1/15/2010

### Attachment A

A

- 4 Charter Communications
, Inc. Facilities with CAA § 110 Violations

Address City State Zip CAA § 110 State Implementation Plan (SIP) Violations Generator Install Date Date Violation

Corrected By

809 Central Avenue Kearney NE 68847 NAC Title 129, Ch. 17, 001.01 May

- 08 3/17/2010 3000 County Rd 55 Bellefontaine OH 43311 OAC §§ 3745

- 31

- 02, 3745

- 31

- 03(A)( 4 )(a) 1998 12/28/2009

2177 North Royal Street Jackson TN 38305 TCA § 1200

- 03

- 09

- .01(1)(a) 2000 3/8/2010 1320 Shipley Ferry Road Blountville TN 37617 TCA § 1200

- 03

- 09

- .01(1)(a) 2001 3/29/2010 2500 N Ford Street Clarksville TN 37040 TCA § 1200

- 03

- 09

- .01(1)(a) Jul

- 08 6/9/2010 1393 Ski View Road Gatlinburg TN 37728 TCA § 1200

- 03

- 09

- .01(1)(a) 2007 3/29/2010 6019 W John Day Kennewick WA 99336 WAC §§ 173

- 400

- 100(1)(z), 173

- 400

- 110 2001 3/30/2010

711 N 18th Ave Yakima WA 98902 Y C CAA Regulation 1, § § 4.01

, 4.02 2001 6/28/2010

189 Buena Vista Dr Colville WA 99114 WAC §§ 173

- 400

- 100(1)(z), 173

- 400

- 110 Sep

- 01 6/30/2010

1951 NW Cascade Av e E East Wenatchee WA 98802 WAC §§ 173

- 400

- 100(1)(z), 173

- 400

- 110 2002 6/16/2010

1105 E 10th Av e Ellensburg WA 98926 WAC §§ 173

- 400

- 100(1)(z), 173

- 400

- 110 2001 6/16/2010

413 Warehouse Dr Sunnyside WA 98944 Y C CAA Regulation 1, § § 4.01

, 4.02 2001 6/28/2010

1145 Abadie St Walla Walla WA 99362 WAC §§ 173

- 400

- 100(1)(z), 173

- 400

- 110 2001 7/20/2010

### Attachment A

A

- 5 Charter Communications , Inc. Facility with a CAA § 111 NSPS, 40 C

. F

. R

. Part 60, Subpart IIII Violation

Address City State Zip Description of Violation Date Violation Identified Date

Violation Corrected By 603 E Clearwood Dr Duluth MN 55811 The diesel fuel in the emergency generator contained 5,000 ppm sulfur. The sulfur content limit under NSPS is 500 ppm, which went into effect in October 2007. 2/9/2010 3/2/2010

Charter Communications
, Inc. Facilities with CWA § 311 Spill Prevention
, Control
, and Countermeasure (SPCC) P l a n Violation s

Address City State Description of Violation Date of Violation Date Violation Corrected By 199 Southbridge Rd Oxford MA SPCC Plan was not prepared and implemented prior to 2004 12/7/2009

817

- 941 Charter Commons St Louis MO SPCC Plan was not prepared and implemented prior to 2004 12/7/2009

Charter Communications
, Inc. Facilities with EPCRA §§ 311 and 312 Violations i

Address City State Reporting Year(s) ii in Noncompliance with EPCRA § 312 Chemicals Covered by Violation 3423 Hooper Lane SE Decatur AL 2004

– 2008 Sulfuric acid 270 Hwy 78 i Leeds AL 2006

– 2008 Sulfuric acid; lead 55 Nott Highway i Ashford CT 2004

– 2008 Sulfuric acid; lead

11 Commerce Dr i Newtown CT 2004

– 2008 Sulfuric acid; lead
1103 S Hamilton Street i Dalton GA 2006

– 2008 Sulfuric acid

### Attachment A

A

- 6 Charter Communications
, Inc. Facilities with EPCRA §§ 311 and 312 Violations i

Address City State Reporting Year(s) ii in Noncompliance with EPCRA § 312 Chemicals Covered by Violation 76 Chapman Rd Ringgold GA 2004

– 2008 Sulfuric acid 1210 Buford Hwy i Sugar Hill GA 2004

– 2008 Sulfuric acid; lead 139 Corporate Dr i Swansea IL 2004

– 2008 Sulfuric acid; lead 10300 Ormsby Park Place i Louisville KY 2004

– 2008 Sulfuric acid; lead 139 Hackberry St Opelousas LA 2004

– 2008 Sulfuric acid 37356 Ben Thompson Rd i Slidell LA 2006

– 2008 Sulfuric acid; lead
720 Saint Charles Bypass Road Thibodaux LA 2004

– 2008 Sulfuric acid
354 Sheridan St Chicopee MA 2005

– 2008 Sulfuric acid; lead

82 Potter Hill Rd Grafton MA 2005

– 2008 Sulfuric acid; lead 199 Southbridge Rd i Oxford MA 2004

– 2008 Sulfuric acid; lead, diesel fuel
7 Lomar Park Pepperell MA 2005

– 2008 Sulfuric acid; lead

813 Lebanon Hill Road i Southbridge MA 2005

– 2008 Sulfuric acid; lead 95 Higgins St i Worcester MA 2005

– 2008 Sulfuric acid; lead

12956 68th Avenue i Allendale MI 2004

– 2008 Sulfuric acid; lead 871 S Telegraph i Monroe MI 2004

– 2008 Sulfuric acid
359 US 41 East Negaunee MI 2007

– 2008 Sulfuric acid; lead
720 Bates Street Saginaw MI 2008 Sulfuric acid
5925 Cedar Run Rd Traverse City MI 2004

– 2008 Sulfuric acid
603 E Clearwood Dr i Duluth MN 2006

– 2008 Sulfuric acid; lead

3453 36th Avenue i Rochester MN 2006

– 2008 Sulfuric acid; lead
400 Sundial i Waite Park MN 2004

– 2008 Sulfuric acid 2091 Corporate Circle i Cape Girardeau MO 2006

– 2008 Sulfuric acid; lead 3300 Sunswept Dr Florissant MO 2004

– 2008 Sulfuric acid
8662 Orf Rd Lake St Louis MO 2004

– 2008 Sulfuric acid

9334 Dielman Industrial Dr i Olivette MO 2004

– 2008 Sulfuric acid; lead

2411 Verona Avenue i Overland MO 2004

– 2008 Sulfuric acid; lead

12405 Powerscourt Drive i St Louis MO 2004

– 2008 Sulfuric acid; lead

### Attachment A

A

- 7 Charter Communications
, Inc. Facilities with EPCRA §§ 311 and 312 Violations i

Address City State Reporting Year(s) ii in Noncompliance with EPCRA § 312 Chemicals Covered by Violation 817

- 941 Charter Commons i St Louis MO 2004

– 2008 Sulfuric acid; lead; diesel fuel
9333 Dielman Industrial Dr i St Louis MO 2004

– 2008 Sulfuric acid; lead 4160 Old Mill Parkway i St Peters MO 2004

– 2008 Sulfuric acid; lead

3654 Forest Park Ave St Louis MO 2004

– 2008 Sulfuric acid
3542 Gravois Rd St Louis MO 2004

– 2008 Sulfuric acid

1670 Hendersonville Rd i Asheville NC 2005

– 2008 Sulfuric acid; lead
143 9th St SE i Hickory NC 2006

– 2008 Sulfuric acid; lead
850 East Ocean Road Holly Ridge NC 2008 Sulfuric acid
809 Central Avenue i Kearney NE 2007

– 2008 Sulfuric acid; lead

1400 Newmark Ave Coos Bay OR 2004

– 2008 Sulfuric acid; lead 930 S Grape St i Medford OR 2007

– 2008 Sulfuric acid; lead

2 Digital Place Simpsonville SC 2004

– 2008 Sulfuric acid; diesel fuel
725 Union St i Spartanburg SC 2005

– 2008 Sulfuric acid; lead 1320 Shipley Ferry Road i Blountville TN 2004

– 2008 Sulfuric acid; lead
2500 N Ford Street i Clarksville TN 2006

– 2008 Sulfuric acid 1235 King Street SE Cleveland TN 2005

– 2008 Sulfuric acid 2177 North Royal Street i Jackson TN 2005

– 2008 Sulfuric acid; lead

165 Ford Rd Lenoir City TN 2006

– 2008 Sulfuric acid 596 Perry Road i Manchester TN 2006

– 2008 Sulfuric acid 1784 Henry G. Lane St i Maryville TN 2006

– 2008 Sulfuric acid; lead 4500 W Vickery i Fort Worth TX 2008 Sulfuric acid; lead 6019 W John Day i Kennewick WA 2004

– 2008 Sulfuric acid; lead

521 NE 136th Ave Vancouver WA 2004

– 2008 Sulfuric acid

1145 Abadie St Walla Walla WA 2006

– 2008 Sulfuric acid

711 N 18th Ave Yakima WA 2006

– 2008 Sulfuric acid 1046 Mary Lane i Eau Claire WI 2004

– 2008 Sulfuric acid; lead 261 Winnebago Rd i Fond du Lac WI 2004

– 2008 Sulfuric acid; lead

### Attachment A

A

- 8 Charter Communications
, Inc. Facilities with EPCRA §§ 311 and 312 Violations i

Address City State Reporting Year(s) ii in Noncompliance with EPCRA § 312 Chemicals Covered by Violation 4922 S John Paul Rd i Janesville WI 2004

– 2008 Sulfuric acid; lead

5151 Verona Road i Madison WI 2004

– 2008 Sulfuric acid; lead
1228 12th Ave South Onalaska WI 2005

– 2008 Sulfuric acid

N3912 Fairhaven Lane Spencer WI 2007

– 2008 Sulfuric acid

530 Nedrest Dr i Stevens Point WI 2004

– 2008 Sulfuric acid; lead
2100 Columbiana Rd i Vestavia Hills AL 2007

– 2008 Sulfuric acid; lead 17205 Eucalyptus Unit A

- 1 i Hesperia CA 2008 Sulfuric acid; lead
773 Walnut St Turlock CA 2007

– 2008 Sulfuric acid

409 North Park Drive Dalton GA 2006

– 2008 Sulfuric acid
127 Mattox Court / Tract #1 i LaGrange GA 2008 Sulfuric acid; lead
4176 Commercial Ave Portage MI 2008 Sulfuric acid
640 Garfield Ave Lots 108

- 120, Rice Point Duluth MN 2008 Sulfuric acid

2081 Corporate 44 Drive, Building #5 i Fenton MO 2006

– 2008 Sulfuric acid; lead

212 Elks Point Rd

- Round Hill Square Zephyr Cove NV 2007

– 2008 Sulfuric acid

220 Wallace Ave Coos Bay OR 2008 Sulfuric acid
1059 Court St Medford OR 2008 Sulfuric acid
110 Commercial Road i Spartanburg SC 2008 Sulfuric acid; lead 165 Knights Way i Fond du Lac WI 2006

– 2008 Sulfuric acid; lead
5024 Heffron St Unit 1 i Steven Point WI 2006

– 2008 Sulfuric acid; lead

i Facilities also had EPCRA §§ 302 and 303 violations. ii The “Reporting Year(s)” column reflects the calendar year for which the chemical inventory information is submitted under Sec tion 312, and not the year during which the information is actually submitted. For example, a Section 312 chemical inventory report for Reporting Year 2008 concerns chemicals stored on

- site during calendar year 2008, although the report is required to be submitted by March 1, 2009. All violations were corrected during the week of December 28, 2009.