Ross Transport Co., Inc. and Arnold Steinman (Board decision, April 10, 2014)

Plain-English summary

The EAB reviewed an Initial Decision and Default Order on its own initiative because the Board questioned whether Ross Transport Co., Inc. and Arnold Steinman had been properly served. EPA Region 3 supplied proof that the administrative complaint, Default Order, and motion for a Default Order had been served. The Board adopted the Default Order as the Agency's final order and directed Ross Transport and Mr. Steinman to pay a $23,821 civil penalty within 30 days of service, unless the Region agreed otherwise.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.30(f), 31 U.S.C. § 3717, and 40 C.F.R. § 22.31(c)
• Outcome: The Default Order was adopted as the Agency's final order, with a $23,821 civil penalty due.
• Key point: The Board confirmed service and made the default penalty final after sua sponte review.

Full text (EPA EAB public release)

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

                                          )

In re: )
)
Ross Transport Co., Inc. & ) RCRA (9006) Appeal No. 14-01 Arnold Steinman )
)
Docket No. RCRA-03-2010-0268 )
)
)
_________ )

                                     FINAL ORDER

     By order dated February 14, 2014, the Environmental Appeals Board elected to exercise

sua sponte review of the Initial Decision and Default Order ("Default Order") in the

above-captioned matter because of questions about whether the administrative complaint and

Default Order had been served on Ross Transport Co., Inc., and Arnold Steinman. The Board set

a briefing schedule for the U.S. Environmental Protection Agency, Region 3 ("Region"), to file a

brief responding to the Board's order on or before March 14, 2014, and for Ross Transport and

Mr. Steinman to file their response briefs, if any, on or before April 4, 2014.

     The Region filed its brief on March 12, 2014. Ross Transport and Mr. Steinman did not

file briefs; service to Ross Transport and to Mr. Steinman of the Board's Order Electing to

Exercise Sua Sponte Review and Establishing Briefing Schedule was returned as undeliverable.

Upon consideration of the Region's brief, the Board is satisfied with the Region's explanation of

the service of the administrative complaint and Default Order on Ross Transport and

Mr. Steinman. Specifically, there is proof of service of the Administrative Complaint, Default

Order, and the Region's Motion for a Default Order. Region's Brief, Exs. 1, 2, 3 & 8.

Accordingly, the Board is disinclined to disturb the Regional Judicial Officer's penalty

assessment.

   Therefore, pursuant to 40 C.F.R. § 22.30(f), the Board adopts the Default Order as the

Agency's final order. Ross Transport and Mr. Steinman shall pay the $23,821 civil penalty by a

method described in the Default Order on pages 19-22, within thirty (30) days of service of this

Final Order, unless otherwise agreed to by the Region. Ross Transport and Mr. Steinman must

serve copies of the check or other instrument of payment on the Regional Hearing Clerk and on

the Region. Failure to pay the penalty within the prescribed time may result in assessment of

interest on the penalty. See 31 U.S.C. § 3717; 40 C.F.R. § 22.31(c).

   So ordered.¹

Dated: April 10, 2014 ENVIRONMENTAL APPEALS BOARD

                                                             Kathie A. Stein
                                                       Environmental Appeals Judge


      ¹ The three-member panel deciding this matter is composed of Environmental Appeals

Judges Randolph L. Hill, Catherine R. McCabe, and Kathie A. Stein.

                            CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Final Order in In re Ross Transport Co., Inc.

& Arnold Steinman, RCRA (9006) Appeal No. 14-01, were sent to the following persons in the manner indicated:

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

Mr. Arnold Steinman Ross Transport Co., Inc. c/o Ross Transport Co., Inc. 4220 Almond Street 4220 Almond Street Philadelphia, PA 19137 Philadelphia, PA 19137

Mr. Arnold Steinman Ross Transport Co., Inc. c/o Ross Transport Co., Inc. 518 Parlin St. 518 Parlin St. Philadelphia, PA 19116 Philadelphia, PA 19116

By EPA Pouch Mail:

Joyce Howell (3RC30) Renée Sarajian (3RC00) Office of Regional Counsel Regional Judicial Officer/Presiding Officer U.S. EPA Region 3 U.S. EPA Region 3 1650 Arch Street 1650 Arch Street Philadelphia, PA 19130 Philadelphia, PA 19130

Lydia Guy (3RC00)
Regional Hearing Clerk
U.S. EPA Region 3
1650 Arch Street
Philadelphia, PA 19130

Dated: APR 10 2014 ____
Annette Duncan