Edwin Andujar Bermudez, d/b/a Truly Nolen Pest Control de Caguas (Board decision, July 13, 2021)

Plain-English summary

Edwin Andujar Bermudez, doing business as Truly Nolen Pest Control de Caguas, was the respondent in an EPA administrative proceeding. On June 3, 2021, the Regional Judicial Officer issued and served an Initial Decision and Default Order. 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 order states that the Initial Decision and Default Order would become a final order on July 19, 2021. The order does not state the underlying allegations or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7, 22.27, and 22.30
• Outcome: The Board declined sua sponte review, and the Initial Decision and Default Order was set to become final on July 19, 2021.
• Key point: When neither party appeals, the Board may decline to review an Initial Decision and Default Order on its own initiative, allowing it to become final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                          F I L E D
                                                                              Jul 13, 2021
                                                                         Clerk, Environmental Appeals Board
                                                                INITIALS ________________________
                     ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                WASHINGTON, D.C.

                                      )

In re: )
)
Edwin Andujar Bermudez, ) FIFRA Appeal No. 21-(01) d/b/a Truly Nolen Pest Control de Caguas )
)
Docket No. FIFRA-02-2016-5302 )
______)

          ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

   On June 3, 2021, Regional Judicial Officer Helen S. Ferrara issued and served on the

parties an Initial Decision and Default Order in the above-captioned case. 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 July 19, 2021, pursuant to 40 C.F.R. §§ 22.7(a) and 22.27(c).

   So ordered. 1

                                                 ENVIRONMENTAL APPEALS BOARD


   Jul 13, 2021

Date:___ By: ______
Mary Kay Lynch
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 Edwin Andujar Bermudez, d/b/a Truly Nolen Pest Control de Caguas, FIFRA Appeal No. 21-(01), were sent to the following persons in the manner indicated:

By Electronic Mail

Peter Diaz Santiago, Esq. Jeannie Yu, Esq. PMB No. 301, Post Office Box 194000 Office of Regional Counsel 220 Manuel Domenech New Jersey Superfund Branch San Juan, Puerto Rico 00919-4000 U.S. EPA, Region 2 [email protected] 290 Broadway, 16th Floor [email protected] New York, New York 10007-1866
[email protected]

Regional Judicial Officer Helen S. Ferrara
Regional Hearing Clerk Karen Maples
U.S. Environmental Protection Agency, Region 2 290 Broadway, 16th Floor New York, New York 10007-1866 [email protected] [email protected]

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

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

Edwin Andujar Bermudez, d/b/a Truly Nolen Pest Control de Caguas Post Office Box 7155 Caguas, Puerto Rico 00726

Edwin Andujar Bermudez, d/b/a Truly Nolen Pest Control de Caguas Urb. Miraflores, 16-015 Calle 29 Bayamon, Puerto Rico 00957-3707

   Jul 13, 2021

Date:___ ________
Emilio Cortes
Clerk of the Board