Ezel / Agency Decisions / npdes-11-07-commission

Bacardi Corporation (Board decision, May 24, 2012)

In re Bacardi Corporation (EAB NPDES 11-07): petition dismissed after permit modification

Decision type
Board decision
Dockets
NPDES 11-07, PR0000591
Decided
May 24, 2012
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-08-22
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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Currency note: this decision dates from 2012
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board order is a final disposition of the NPDES permit appeal. The Board dismissed Bacardi Corporation's petition for review with prejudice after an EPA permit modification resolved the matter. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

Bacardi Corporation asked the Environmental Appeals Board to dismiss its petition for review of an NPDES permit. Bacardi stated that EPA Region 2 had issued a permit modification that resolved the matter. The Board dismissed the petition with prejudice. The released order does not describe the permit modification's terms.

Decision snapshot

  • Cited authorities: None stated in the released order
  • Outcome: Bacardi's petition for review was dismissed with prejudice after a permit modification resolved the matter.
  • Key point: A permit modification resolving the dispute supported dismissal of the petition with prejudice.

Full text (EPA EAB public release)

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

In re:

Bacardi Corporation NPDES Appeal No. 11-07

Permit No. PR0000591

ORDER DISMISSING PETITION FOR REVIEW

On May 21, 2012, the petitioner in the above-captioned matter, Bacardi Corporation ("Bacardi"), moved for dismissal with prejudice of its petition for review filed with the Environmental Appeals Board. Motion to Dismiss with Prejudice (May 21, 2012). Bacardi states that the U.S. Environmental Protection Agency, Region 2, has issued a permit modification that resolves the matter. Id. at 2.

Under these circumstances, the above-captioned petition for review is hereby dismissed with prejudice.

So ordered.

Dated: May 21, 2012 ENVIRONMENTAL APPEALS BOARD

By: [signature]

Anna L. Wolgast
Environmental Appeals Judge

The two-member panel deciding this matter is composed of Environmental Appeals Judges Kathie A. Stein and Anna L. Wolgast.

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in In re Bacardi Corporation, NPDES Appeal No. 11-07, were sent to the following persons in the manner indicated:

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

Eduardo Negron Navas
Fiddler Gonzalez & Rodriguez, P.S.C.
P.O. Box 363507
San Juan, PR 000936-3507
facsimile: (787) 759-3108

John Fehrenbach
Winston & Strawn LLP
1700 K Street, N.W.
Washington, D.C. 20006-3817
facsimile: (202) 282-5100

By Facsimile & EPA Pouch Mail:

Eduardo Gonzalez
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway, 16th Floor
New York, NY 10007-1866
facsimile: (212) 637-3202

Date: May 24, 2012 [signature]

Annette Duncan
Secretary

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