Windstream Corporation (Board decision, November 3, 2008)

Plain-English summary

EPA and Windstream Corporation consented to entry of a Final Order under Clean Water Act and EPCRA docket numbers. EPA published notice of the proposed Final Order in the Federal Register, the public comment period closed, and no comments were received. The Environmental Appeals Board approved and incorporated the Consent Agreement and ordered Windstream to comply with its terms immediately. The release does not state a penalty amount or describe additional underlying facts.

Decision snapshot

• Cited authorities: 33 U.S.C. §§ 1319(g)(4) and 1321(b)(6)
• Outcome: The Consent Agreement was approved and incorporated into a Final Order, and Windstream was ordered to comply immediately.
• Key point: The EAB made the consent-based Final Order effective after the public notice and comment period closed without comments.

Full text (EPA EAB public release)

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

                                  NOV - 3 2008
                     Clerk, Environmental Appeals Board

                          IN THE MATTER OF:

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Windstream Corporation ) Docket No. CWA-HQ-2008-8001 4001 Rodney Parham Road ) Docket No. EPCRA-HQ-2008-8001 Little Rock, Arkansas 72212-2442 )
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Respondent

                              FINAL ORDER

  Whereas, Complainant, the United States Environmental Protection Agency (EPA), and

Respondent, Windstream Corporation, 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 August 1, 2008, as required by Clean Water Act Sections 309(g)(4) and 311(b)(6), 33 U.S.C. §§ 1319(g)(4) and 1321(b)(6), the public notice and comment period required has closed, and no comments were received; and

  The Consent Agreement is hereby approved and incorporated by reference into this Final

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

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                          SO ORDERED

By: [signature illegible]

Date: November 3, 2008
Environmental Appeals Judge
Environmental Appeals Board
U.S. Environmental Protection Agency

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                        CERTIFICATE OF SERVICE

I hereby certify that copies of the Final Order for In the Matter of Windstream Corporation, Docket Nos. CWA-HQ-2008-8001 and EPCRA-HQ-2008-8001, were sent to the following persons in the manner indicated:

By Certified Mail: Robert G. Clancy
Senior Vice President and Treasurer
Windstream Corporation
4001 Rodney Parham Road
Little Rock, Arkansas 72212-2442

Dated: NOV - 5 2008

[signature illegible]
Signature

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