OmniLytics, Inc. (Board decision, June 6, 2013)

Plain-English summary

OmniLytics, Inc. was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act proceeding. The Environmental Appeals Board ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c) and ordered OmniLytics to comply with all of its terms immediately. A footnote explains that the agreement appears to have cited the wrong FIFRA penalty-factor subsection and identifies section 14(a)(4), 7 U.S.C. § 136l(a)(4), as the intended reference. The Final Order does not state the agreement's terms or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c); 7 U.S.C. § 136l(a)(4)
• Outcome: The Consent Agreement was ratified, and compliance with its terms was ordered effective immediately.
• Key point: An EAB Final Order ratifying a Consent Agreement makes the respondent's compliance obligations effective immediately.

Full text (EPA EAB public release)

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

In re:
OmniLytics, Inc.
Respondent.

)
)

JUN - 6 2013

)

Clerk, Environmental Appeals Board

) Docket No. FIFRA-HQ-2013-5003
)
)
)

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FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(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. 1 The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately. So ordered. 2

Date:

JUN - 6 2013

[illegible signature]
Randolph L. Hill
Judge, Environmental Appeals Board

I Paragraph 39 of the Consent Agreement refers to the "statutory penalty factors listed in Section 14(a)(3) of FIFRA, 7 U.S.C. § 136l(a)(3)[.]” The Board assumes the parties intended to reference Section 14(a)(4) of FIFRA, 7 U.S.C. § 136l(a)(4).

The three-member panel ratifying this matter is composed of Environmental Appeals Judges Leslye M. Fraser, Randolph L. Hill, and Catherine R. McCabe. 2

CERTIFICATE OF SERVICE
I certify that the foregoing "Consent Agreement" and "Final Order," in the Matter of OmniLytics, Inc., Docket No. FIFRA-HQ-2013-5003, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:
Brian T. Dyer
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U. S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460

Via U.S. Certified Mail:
Brian W. Bunlett, Esq.
Callister, Nebeker & McCullough
Attorneys at Law
Zions Bank Building, Suite 900
10 East South Temple
Salt Lake City, UT 84133

Annette Duncan, Secretary
U.S. Environmental Protection Agency
Environmental Appeals Board

Dated:

[illegible date/signature]
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