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In re Mountain Village Parks, Inc.

Case Number:SDWA 12-02
ELR Citation:43 ELR 41366

This case arises from an administrative complaint ("Complaint") U.S. Environmental Protection Agency ("EPA") Region 8 ("Region 8" or "Complainant") filed against Mountain Village Parks, Inc. ("Respondent" or "Mountain Village") for alleged violations of section 1414 of the Safe Drinking Water Act ("SDWA"), 42 U.S.C. §300g-3, the National Primary Drinking Water Regulations ("NPDWRs"), codified in 40 C.F.R. part 141, and an Amended Administrative Order ("Amended Order") the Region issued on September 29, 2009. Respondent failed to file an answer to the Complaint and the presiding officer ("PO") issued a Default Initial Decision and Order ("Default Order") finding Respondent liable for the violations alleged in the Complaint, and assessing the penalty amount of $5,000 that the Region had proposed. The Environmental Appeals Board ("Board") examined the Default Order and decided to undertake review of the PO's decision pursuant to its sua sponte review authority under 40 C.F.R. §§ 22.27(c).30(b).

Held: Examination of the record revealed deficiencies in the Complaint and supporting pleadings that the PO failed to address in the Default Order, as well as deficiencies in the Default Order itself. Therefore, the Board remands the Default Order to the PO for clarification of the liability findings and determination of a penalty consistent with such findings and this decision.