Valley Performance Distributors, LLC (Board decision, June 24, 2019)

Plain-English summary

The Environmental Appeals Board issued a Final Order for Valley Performance Distributors, LLC on June 24, 2019. The order states that the attached Consent Agreement resolved the matter and was ratified under EPA's Consolidated Rules of Practice. The Board ordered the respondent to comply with all terms of the Consent Agreement, effective immediately. The two-page public release does not state the underlying allegations, penalty amount, or other settlement terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was ratified and the respondent was ordered to comply with its terms.
• Key point: This public release contains the Board's ratification order, while the underlying Consent Agreement terms are not included in the two-page PDF.

Full text (EPA EAB public release)

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION /
WASHINGTON, D.C.
In the Matter of:

Valley Performance Distributors, LLC

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UN 2 4,2019

GE•CY
CLERK, E•IROI't M EWAJ,•PPF..,'•J.S BOARD
INfflALS

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Docket No. CAA-HQ-2019-8387

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA's Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified. The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately. So ordered.! ENVIRONMENTAL APPEALS BOARD

Dated:.

June 24• 2019

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Aaron P. Avila
Environmental Appeals Judge

The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Mary Beth Ward.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing "Consent Agreement" and "Final Order," in the matter of I/alley Pelformance Distributors, LLC, Docket No. CAA-HQ-2019-8387. were sent to the lbllowing persons in the manner indicated: By First Class Certified Mail/ Return Receipt Requested:

Valley Performance Distributors, LLC
James Y. Florence, Owner
940 Goshawk Road
Eaton, CO 80615

Marie Bradshaw Durrant, Esq.
Eric G. Benson, Esq.
Ray Quinney & Nebecker
36 South State Street
Suite 1400
Salt Lake City, UT 84111
E-mail: [email protected]; [email protected]
By Interoffice Mail:

Mark J. Palermo
Office of Civil Enlbrcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2242A
Washington, DC 20460
E-mail: [email protected]

Dated:

3UN 2,1 2019

Annette Duncan

Administrative Specialist