Tower Exterminating Corp., aka Tower & Son Exterminating Corp. and Wilson J. Torres Rivera (Board decision, November 21, 2019)

Plain-English summary

Regional Judicial Officer Helen S. Ferrara issued an Initial Decision and Default Order in the case involving Tower Exterminating Corp., Tower & Son Exterminating Corp., and Wilson J. Torres Rivera. The decision was served on the parties, and neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under the EPA Consolidated Rules of Practice. As a result, the Initial Decision and Default Order became a final order on November 25, 2019. This EAB order does not describe the underlying FIFRA allegations, remedy, or any penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.7(a), § 22.27(c), § 22.27(c)(4), and § 22.30(b)
• Outcome: Sua sponte review was declined, and the underlying Initial Decision and Default Order 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 21 2019
                                                                                Clerk, Environmental Appeals Board
                                                              INITIALS ________________________
                      ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.

                                   )

In re: )
)
Tower Exterminating Corp., aka )
Tower & Son Exterminating Corp. ) FIFRA Appeal No. 19-(01)
and Wilson J. Torres Rivera )
)
Docket No. FIFRA-02-2016-5306 )
______)

            ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

   On October 8, 2019, Regional Judicial Officer Helen S. Ferrara issued an Initial Decision

and Default Order in the above-captioned case, and it was served on the parties on October 9,

2019. Neither party appealed. The Environmental Appeals Board declines 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 November 25, 2019, pursuant to 40 C.F.R. §§ 22.7(a)

and 22.27(c).

   So ordered. 1

                                                 ENVIRONMENTAL APPEALS BOARD

Date:___
Nov 21 2019 By: ______
Kathie A. Stein
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 hereby certify that copies of the foregoing Order Declining to Exercise Sua Sponte

Review in the matter of Tower Exterminating Corp., aka Tower & Son Exterminating Corp. and
Wilson J. Torres Rivera, FIFRA Appeal No. 19-(01), were sent to the following persons in the
manner indicated:

By First Class U.S. Mail, Return Receipt Requested:

Wilson J. Torres Rivera
c/o Tower & Son Exterminating Corp.
Post Office Box 1045
Bayamon, Puerto Rico 00960

Wilson J. Torres Rivera, President
Tower & Son Exterminating Corp.
Post Office Box 1045
Bayamon, Puerto Rico 00960

By EPA Pouch Mail:

Regional Judicial Officer Helen S. Ferrara
U.S. Environmental Protection Agency, Region 2
290 Broadway, 16th Floor
New York, New York 10007-1866

Bruce Aber, Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway, 16th Floor
New York, New York 10007-1866

By EPA Interoffice Mail:

Rosemarie Kelley, Director, Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2241A
Washington, D.C. 20460

Date:___
Nov 21 2019 ________
Eurika Durr
Clerk of the Board