New Cingular Wireless PCS, LLC, et al. (Board decision, February 9, 2012)

Plain-English summary

The Environmental Appeals Board issued a Final Order for New Cingular Wireless PCS, LLC, et al., in an EPCRA enforcement matter. Under 40 C.F.R. § 22.18(c), the Board incorporated the parties’ Consent Agreement into the Final Order and ratified it. The respondent was ordered to comply with all terms of the Consent Agreement effective immediately. The released Final Order does not state the alleged violations or a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(c).
• Outcome: Settled. The Consent Agreement was incorporated into and ratified by the Final Order.
• Key point: The respondent’s obligations arise from the incorporated Consent Agreement, which the Board made effective immediately.

Full text (EPA EAB public release)

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

In re:

New Cingular Wireless PCS, LLC, et al. )
1025 Lenox Park Blvd. ) Docket No. EPCRA-HQ-2007-6000
Atlanta, Georgia 30319 )
)
)
Respondent )

                                     FINAL ORDER

     Pursuant to 40 C.F.R. § 22.18(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.

Date: February 9, 2012

                          CERTIFICATE OF SERVICE

   I hereby certify that a copy of the Final Order for In the Matter of New Cingular

Wireless PCS, LLC et al., Docket No. EPCRA-HQ-2007-6000 was sent to the following
person in the manner indicated:

By Certified Mail: Philip A. Moffat, Esq.
Verdant Law, PLLC
1025 Connecticut Ave., NW, Suite 1000
Washington, DC 20036

Dated: February 9, 2012