A.B.E.F. Development Corp. and Herminio Cotto Construction, Inc. (Board decision, January 13, 2022)

Plain-English summary

On November 30, 2021, the Presiding Officer issued an Initial Decision and Default Order in the proceeding involving A.B.E.F. Development Corp. and Herminio Cotto Construction, Inc. The order says the decision was served on the parties on December 1, 2021, and neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The Initial Decision and Default Order therefore became a final order on January 18, 2022. This EAB order does not state the underlying claims, relief, or penalty result.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the Initial Decision and Default Order became final.
• Key point: When neither party appeals an Initial Decision and Default Order and the EAB declines sua sponte review, the decision becomes final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                                      F I L E D
                                                                                          Jan 13, 2022
                                                                                     Clerk, Environmental Appeals Board
                   ENVIRONMENTAL APPEALS BOARD                                       INITIALS ________________________
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.


                                             )

In re: )
) CWA Appeal No. 21-(02)
A.B.E.F. Development Corp. and Herminio
)
Cotto Construction, Inc.
)
)
Docket No. CWA-02-2010-3465
)

            ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

      On November 30, 2021, the Presiding Officer issued an Initial Decision and Default

Order in the above-captioned case that was served on the parties on December 1, 2021. Neither

party appealed, and the Environmental Appeals 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 and Default

Order will become a final order on January 18, 2022, pursuant to 40 C.F.R. § 22.27(c).

      So ordered.1


                                                  ENVIRONMENTAL APPEALS BOARD

     Jan 13, 2022

Dated: ____ 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 foregoing Order Declining to Exercise Sua Sponte Review in

the matter of A.B.E.F. Development Corp. and Herminio Cotto Construction, Inc., Docket No. CWA-02-2010-3465, were sent to the following persons in the manner indicated:

By Electronic Mail: By U.S. Mail: Karen Maples Assistant Administrator for Regional Hearing Clerk Enforcement and Compliance Assurance U.S. EPA Region 2 1200 Pennsylvania Avenue, N.W. (2201A) [email protected] Washington, D.C. 20460

Helen S. Ferrara Herminio Cotto Construction Corporation Regional Judicial Officer/Presiding Officer P.O. Box 1008 U.S. EPA Region 2 Cidra, Puerto Rico 00739 [email protected]
Juan Algarin, President
Carolina Jordan-Garcia, Esq. A.B.E.F. Development Corp. Assistant Regional Counsel PMB 363 200 Avenue Rafael Cordero U.S. EPA- Region 2 Suite 140 City View Plaza II - Suite 7000 Caguas, Puerto Rico 00725

48 RD 165 km 1.2

Guaynabo, Puerto Rico 00968-8069 Louis Rosado-Viana [email protected] Metro Office Park #7
Suite 204
Guaynabo, Puerto Rico 00968

     Jan 13, 2022

Dated: ____ ______
Annette Duncan
Administrative Specialist

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