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In re Andrew B. Chase et al.

06/20/2013

ELR Citation:43 ELR 47903

An EPA administrative law judge (ALJ) assessed an aggregate civil penalty of $127,069 against the owner of underground storage tanks at six gas stations for Solid Waste Disposal Act violations. EPA alleged that the owner violated rules for release detection, prevention, and correction under the Act. The owner was already found liable for the vioaltions, so at issue was the penalty. The owner sought an 80% reduction from EPA's proposed penalty of $265,211.63 on the grounds that the owner is unable to pay the penalty and/or it will preclude the owner from achieving compliance. But the Penalty Policy does not allow for such a reduction. Applying the violator-specific adjustments set forth in the Penalty Policy, the ALJ determined that $127,069 was appropriate under the facts of this case.