Diamond 3S, LLC (Board decision, March 5, 2020)

Plain-English summary

Regional Judicial Officer Thomas Rucki issued an Initial Decision and Default Order involving Diamond 3S, LLC under the Safe Drinking Water Act. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The Initial Decision and Default Order therefore became a final order on March 6, 2020 under 40 C.F.R. § 22.27(c). This EAB order does not state the underlying allegations, liability findings, or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the Initial Decision and Default Order became final on March 6, 2020.
• Key point: When neither party appeals and the EAB declines sua sponte review, an Initial Decision and Default Order becomes final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

F I L E D
Mar 05 2020

Clerk, Environmental Appeals Board

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

In re:
Diamond 3S, LLC
Docket No. SDWA-06-2018-1102

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SDWA Appeal No. 20-(01)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW
On January 21, 2020, Regional Judicial Officer Thomas Rucki issued an Initial Decision and Default Order. Neither party appealed, and the Board is declining to review the case on its own initiative. See 40 C.F.R. §§ 22.27(c)(4), 22.30(b). Accordingly, the Initial Decision and Default Order will become a final order on March 6, 2020, pursuant to 40 C.F.R. § 22.27(c). So ordered. 1

ENVIRONMENTAL APPEALS BOARD

Mar 05 2020
Dated: ________

1

Kathie A. Stein
Environmental Appeals Judge

The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of Diamond 3S, LLC, SDWA Appeal No. 20-(01), were sent to the following persons in the manner indicated: By First Class U.S. Mail, Return Receipt Requested: Ryan Summers Diamond 3S, LLC 20102 West Coyote Trail Sand Springs, OK 74063 By First Class Mail: Earl A. “Rusty” Herbert Enforcement Counsel (ORCEW) U.S. EPA Region 6 10625 Fallstone Road. Houston, TX 77099 By EPA Pouch Mail: Regional Judicial Officer Thomas Rucki U.S. EPA Region 6 (ORC) 1201 Elm Street, Suite 500 Dallas, TX 75270 Lorena Vaughn Region 6 Hearing Clerk 1201 Elm Street, Suite 500 Dallas, TX 75270

Eurika Durr
Clerk of the Board

Mar 05 2020
Dated: ________

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