Environmental Disposal Systems, Inc. (Board decision, November 4, 1998)

Plain-English summary

Sandra Yerman submitted a filing alleging errors in the Board's earlier order denying review of Environmental Disposal Systems, Inc.'s UIC permit matter. The Board treated the filing as a motion for reconsideration. It held that the motion was due by October 28, 1998 under the cited EPA rules, but was not received until November 2, 1998. The Board dismissed the motion as untimely and found no special circumstances to relax the filing deadline.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(g); 40 C.F.R. § 124.20(d).
• Outcome: The motion for reconsideration was dismissed as untimely.
• Key point: The reconsideration deadline runs from service of the final order, with three additional days when service is by mail.

Full text (EPA EAB public release)

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

_____
)
In re: )
)
Environmental Disposal )
Systems, Inc.
) UIC Appeal Nos. 98-1 & 98-2
Romulus, Michigan
)
)
UIC Permit Nos.: MI-163-1W-C007 )
MI-163-1W-C008 )
_____)

ORDER DISMISSING MOTION FOR RECONSIDERATION

On November 2, 1998, the Board received a submission titled

"Slip Opinion" from Sandra Yerman, a petitioner in the above-

captioned matter. In this submission, Ms. Yerman points to

alleged errors in the Board’s October 15, 1998 Order Denying

Review ("Order"). We will treat this submission as a motion for

reconsideration of the Board’s Order.

Under 40 C.F.R. § 124.19(g), a motion for reconsideration

must be filed - that is received1 - within ten (10) days after

service of a final order. In addition, where a document is

served by mail, "three (3) days shall be added to the prescribed

time." 40 C.F.R. § 124.20(d). The Board’s Final Order in this

case was served by mail upon Ms. Yerman on October 15, 1998. The

deadline for filing a motion for reconsideration, therefore, was

1
See In re Beckman Production Services, 5 E.A.D. 10, 15 (EAB 1994).
 2

October 28, 1998 (10 days + 3 days). As the motion for

reconsideration was not received until November 2, 1998, it was

not timely filed. Further, this case does not present any

special circumstances that would warrant relaxation of the time

for filing a motion for reconsideration. See In re B & B

Wrecking and Excavating, Inc., 4 E.A.D. 16, 17 (EAB 1992) (time

requirements must be followed unless special circumstances

warrant relaxation). The motion is therefore dismissed as

untimely.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: 11/4/98 By: /s/
Edward E. Reich
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Motion for Reconsideration in the matter of Environmental Systems, Inc., Romulus, Michigan, UIC Appeal Nos. 98-1 & 98-2, were sent to the following persons in the manner indicated:

First Class Mail,
Postage Prepaid: Sandra Yerman
15421 Colbert
Romulus, MI 48174

Rep. Raymond E. Basham
House of Representatives
State Capitol
Lansing, MI 48913

Steven Murawski
Assistant Regional Counsel
US EPA Region V
77 West Jackson Blvd. (C-14J)
Chicago, IL 60604

William C. Fulkerson
900 Old Kent Building
111 Lyon Street, N.W.
Grand Rapids, MI 49503-2487

Dated: 11/4/98
/s/
Annette Duncan
Secretary