Penn National Gaming, Inc. et al. (Board decision, June 8, 2011)

Plain-English summary

Penn National Gaming, Inc. and its casino subsidiaries were respondents in an RCRA matter. The parties consented to entry of a Final Order and agreed to comply with a Consent Agreement signed on May 9 and May 18, 2011. The Board approved and incorporated the agreement under 40 C.F.R. § 22.18(b) and section 3008(a), 42 U.S.C. § 6928(a), and ordered immediate compliance. The order does not state a civil penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b) and 42 U.S.C. § 6928(a)
• Outcome: The Consent Agreement was approved and incorporated into the Final Order, with immediate compliance ordered.
• Key point: The EAB can approve a RCRA Consent Agreement and make its compliance terms effective immediately.

Full text (EPA EAB public release)

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

IN THE MATTER OF )
)
Penn National Gaming, Inc.; ) Docket No. HQ-2011-5015 Hollywood Casino Aurora, Inc.; ) Alton Gaming Company; ) Empress Casino Joliet Corporation; ) Belle of Sioux City, L.P.; ) Louisiana Casino Cruises, Inc.; ) BTN, Inc.; ) BSL, Inc.; ) Indiana Gaming Company L.P.; ) HWCC-Tunica, Inc.; and ) The Missouri Gaming Company )
)
Respondents )

                                     FINAL ORDER

   Whereas, Complainant, the United States Environmental Protection Agency (“EPA”),

and Respondents, Penn National Gaming, Inc., Hollywood Casino Aurora, Inc., Alton Gaming Company, Empress Casino Joliet Corporation, Belle of Sioux City, L.P., Louisiana Casino Cruises, Inc., BTN, Inc., BSL, Inc., Indiana Gaming Company L.P., HWCC-Tunica, Inc., and The Missouri Gaming Company, the Parties herein, represented by counsel, have consented to the entry of this Final Order, and agree to comply with the Consent Agreement signed by the parties on May 9, 2011 and May 18, 2011, and incorporated herein;

   Pursuant to 40 C.F.R. § 22.18(b) of EPA’s “Consolidated Rules of Practice Governing

the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits,” Sections 3008(a) of the Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984 (collectively “RCRA”), 42 U.S.C. § 6928(a), the Consent Agreement resolving this matter is hereby approved and incorporated by reference into this Final Order. Respondents are hereby ordered to comply with the terms of the Consent Agreement, effective immediately.

SO ORDERED:

By: [signature]
Date: 6/7/11
Environmental Appeals Judge
Environmental Appeals Board
U.S. Environmental Protection Agency Date:

CERTIFICATE OF SERVICE

   I certify that the foregoing “Consent Agreement and Final Order,” Penn National

Gaming, Inc. et al., Docket No. HQ-2011-5015, was filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) Cari Shiffman, Attorney-Adviser
Waste and Chemical Enforcement Division (2249A)
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave, N.W.
Ariel Rios Building, Room 4111A
Washington, DC 20460
Phone: 202-564-2898
Fax: 202-564-0022
E-mail: [email protected]

(U.S. Mail) Scott Reisch
Counsel for Penn National Gaming, Inc. and its Subsidiaries
Hogan Lovells US LLP
One Tabor Center, Suite 1500
1200 Seventeenth Street
Denver, CO 80202

                   [signature]
                   Annette Duncan
                   Secretary
                   U.S. Environmental Protection Agency
                   1200 Pennsylvania Avenue, N.W.
                   Washington, DC 20460

Dated: June 8, 2011