Jeffrey L. Nixon d/b/a EarthEcycle, EarthEcycle, LLC, EarthEcycle, LLP, AABC Computer and Electronics Recycling, AABC Computer Company, Earth Computer and Electronics Recycling, United Recyclers of America (Board decision, February 16, 2016)

Plain-English summary

Jeffrey L. Nixon and related electronic recycling businesses entered a Consent Agreement with EPA in a RCRA penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was ordered to comply with every term of the Consent Agreement immediately. A later Board order in the same appeal clarified that the agreement's effective date was March 4, 2016.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c), 42 U.S.C. § 6928
• Outcome: The Consent Agreement was incorporated and ratified, and the respondent was ordered to comply with its terms immediately.
• Key point: This Final Order approved the settlement that was later assigned a March 4, 2016 effective date because of a service-address problem.

Full text (EPA EAB public release)

F I L E D

FEB 16 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Jeffrey L. Nixon d/b/a

EarthEcycle®

EarthEcycle®, LLC

EarthEcycle®, LLP

AABC Computer and Electronics Recycling

AABC Computer Company

Earth Computer and Electronics Recycling

United Recyclers of America

Respondent

Docket No. RCRA-HQ-2009-0001

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.

The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.¹

ENVIRONMENTAL APPEALS BOARD

Dated: 2/16/2016

[signature]
Kathie A. Stein
Environmental Appeals Judge

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order” in the matter of Jeffrey L. Nixon d/b/a EarthEcycle®, EarthEcycle®, LLC, EarthEcycle®, LLP, AABC Computer and Electronics Recycling, AABC Computer Company, Earth Computer and Electronics Recycling, United Recyclers of America, Docket No. RCRA-HQ-2009-0001, were filed and copies of the same were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Mr. Jeffrey L. Nixon
1524 Harvard Ave.
Tulsa, OK 74112

By Interoffice Mail:
Waste and Chemical Enforcement Division
Attn: James Miles, Attorney
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

Dated: 2/16/2016

[signature]
Annette Duncan
Secretary