Gene A. Wilson (Board decision, November 5, 2009)

Plain-English summary

Gene A. Wilson appealed an Initial Decision arising from an EPA administrative enforcement action under the Safe Drinking Water Act. The action concerned alleged violations at a well he owned near Collier Creek in Lawrence County, Kentucky. Wilson and EPA Region 4 told the Board that they had settled all issues and jointly requested dismissal. The Board dismissed the pending appeal with prejudice and took no position on the attached consent agreement’s settlement terms.

Decision snapshot

• Cited authorities: 42 U.S.C. § 300f
• Outcome: Settled. The appeal was dismissed with prejudice after the parties reported that they had settled all issues.
• Key point: A joint settlement resolved the appeal, so the Board dismissed it with prejudice without taking a position on the consent agreement.

Full text (EPA EAB public release)

                                                             F I L E D
                                                           NOV - 5 2009
                                                    Clerk, Environmental Appeals Board
                                                    INITIALS ______________________


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

In re: )
)
Gene A. Wilson ) SDWA Appeal No. 08-09
)
Docket No. SDWA-04-2005-1016 )
)

               ORDER DISMISSING APPEAL WITH PREJUDICE

    On January 21, 2009, Mr. Gene A. Wilson filed with the Environmental Appeals Board

(“Board”) an appeal of an Initial Decision issued against him on August 20, 2008, by Regional Judicial Officer (“RJO”) Susan B. Schub. The appeal arises out of an administrative enforcement action initiated by Region 4 of the U.S. Environmental Protection Agency against Mr. Wilson for alleged violations of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. §§ 300f to 300j-26, at a well he owned near Collier Creek in Lawrence County, Kentucky.

    By a joint motion filed by the parties on October 26, 2009, Mr. Wilson and Region 4

advise the Board that they have settled all of the issues raised in this matter and request that the Board dismiss the pending appeal with prejudice. Joint Motion to Dismiss, p. 1. In support of the motion, the parties attach a consent agreement detailing the terms of the settlement, upon which the Board takes no position. Based on the Joint Motion to Dismiss and the parties’ settlement of this matter, the pending appeal is hereby dismissed with prejudice.

SO ORDERED:

Date: November 5, 2009 ________
Anna L. Wolgast
Environmental Appeals Judge

                          CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Order Dismissing Appeal with Prejudice in the

matter of Gene A. Wilson, SDWA Appeal No. 08-09, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

Gene A. Wilson, Esq.
101 Madison Street
Post Office Box 702
Louisa, Kentucky 41230

By Pouch Mail:

Paul Schwartz, Esq.
Zylpha Pryor, Esq.
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303

By Interoffice Mail:

Gary A. Jonesi, Esq.
Senior Counsel for Strategic Litigation
Office of Civil Enforcement (Mail Code 2241-A)
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, D.C. 20460

Date: NOV - 5 2009 ________
Annette Duncan
Secretary