Kmart Holding Corporation doing business as Kmart Corporation (Board decision, May 2, 2007)

Plain-English summary

Kmart Holding Corporation, doing business as Kmart Corporation, consented to entry of a Final Order with EPA. EPA published a notice for public comment on the proposed order under the Clean Water Act, and the comment period closed without comments. The Board approved and incorporated the Consent Agreement and ordered Kmart to comply with its terms effective immediately. The released Final Order does not state a penalty.

Decision snapshot

• Cited authorities: 33 U.S.C. § 1319(g)(4) and § 1321(b)(6)
• Outcome: Settled. The Consent Agreement was approved and incorporated into the Final Order.
• Key point: The multimedia settlement became effective through an EAB Final Order after the public-comment period closed without comments.

Full text (EPA EAB public release)

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

IN THE MATTER OF: )
)
Kmart Holding Corporation ) Docket No. HQ-2006-6001 doing business as Kmart Corporation ) 3100 West Big Beaver ) Troy, MI 48084 )
)
Respondent )

                                  FINAL ORDER

   Whereas, Complainant, the United States Environmental Protection Agency, and

Respondent, Kmart Holding Corporation doing business as Kmart 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; and

   Whereas, EPA caused a Notice for Public Comment on the proposed issuance of this

Final Order to be published in the Federal Register on October 3, 2006, as required by the Clean Water Act § 309(g)(4), 33 U.S.C. § 1319(g)(4) and § 311(b)(6), 33 U.S.C. § 1321(b)(6), the public notice and comment period required has closed, and no comments were received;

   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.

SO ORDERED

By: [signature]
Date: 5/2/07
Environmental Appeals Judge
Environmental Appeals Board
U.S. EPA

                         CERTIFICATE OF SERVICE

I hereby certify that copies of the Final Order in the Matter of Kmart Holding Company doing business as Kmart Corporation, Docket Nos. CWA-HQ-2006-6001, RCRA-HQ-2006-6001, and EPCRA-HQ-2006-6001, were sent to the following persons in the manner indicated:

By Certified Mail: Joan B. Sasine
Powell Goldstein LLP
One Atlantic Center
Fourteenth Floor
1201 West Peachtree Street, NW
Atlanta, Georgia 30309-3488

Dated: MAY 8 2007
[signature]
Signature