C & S Enterprises, LLC (Board decision, November 5, 2019)

Plain-English summary

The case concerns C & S Enterprises, LLC. The official EAB PDF identifies the underlying docket as CWA-07-2018-0095, while the database listing identifies it as CWA-07-2918-0095. The Presiding Officer issued an Initial Decision on September 30, 2019. Neither party appealed, and the Environmental Appeals Board declined to review the case on its own initiative. The Initial Decision therefore became a final order on November 14, 2019. This EAB order does not describe the underlying Clean Water Act allegations, remedy, or any penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.27(c), § 22.27(c)(4), and § 22.30(b)
• Outcome: Sua sponte review was declined, and the underlying Initial Decision became final.
• Key point: When neither party appeals and the EAB declines its own-initiative review, an initial decision can become a final order under the governing rules.

Full text (EPA EAB public release)

                                                                                     F I L E D
                                                                                               Nov 05 2019
                                                                                    Clerk, Environmental Appeals Board
                       ENVIRONMENTAL APPEALS BOARD        INITIALS ________________________

              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                                )
                                                )
In re:                                          )
                                                )    CWA Appeal No. 19-(01)
C & S Enterprises, LLC
                                                )
                                                )
CWA-07-2018-0095
                                                )
                                                )


                ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On September 30, 2019, the Presiding Officer issued an Initial Decision. Neither party

appealed, and the Board is declining to review the case on its own initiative. See 40 C.F.R.

§§ 22.27(c)(4), 22.30(b). Accordingly, the Initial Decision will become a final order on

Thursday, November 14, 2019, pursuant to 40 C.F.R. § 22.27(c).

         So ordered. 1



                                                     ENVIRONMENTAL APPEALS BOARD

Dated: November 5, 2019 By: _______
Aaron P. Avila
Environmental Appeals Judge

1
The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron
P. Avila, Mary Kay Lynch, and Kathie A. Stein.

                            CERTIFICATE OF SERVICE

    I certify that copies of the forgoing Order Declining to Exercise Sua Sponte Review in the

matter of C & S Enterprises, LLC, CWA Appeal No. 19-(01), were sent to the following persons
in the manner indicated:

By First Class Mail Return Receipt Requested and E-mail:

Eldon McAfee
Brick Gentry, PC
6701 Westown Parkway, Suite 100
West Des Moines, IA, 50266-7703
[email protected]

By First Class Mail Return Receipt Requested:

Scott Morrow, Registered Agent
C & S Enterprises
2454 480th Ave.
Deep River, IA 52222

By EPA Pouch Mail and E-mail:

Chris Muehlberger
Assistant Regional Counsel (MC-ORCWB)
U.S. EPA Region 7
11201 Renner Blvd
Lenexa, KS 66219
[email protected]

Britt Bieri
Assistant Regional Counsel (MC-ORCCB)
U.S. EPA Region 7
11201 Renner Blvd
Lenexa, KS 66219
[email protected]

By EPA Inter-office Mail:

Judge Susan L. Biro
Office of Administrative Law Judges (MC-1900R)

Dated: November 5, 2019 ________
Eurika Durr
Clerk of the Board