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In re Chemsolv, Inc.

01/27/2012

ELR Citation:42 ELR 47901

An EPA administrative law judge (ALJ) denied a motion for partial accelerated decision in a complaint alleging that chemical company failed to properly handle hazardous waste at its facility in Roanoke, Virginia. EPA alleged that the company failed to comply with various regulations governing hazardous substance storage tanks for a pit in which it stored wastewater. EPA further alleged that the company failed to properly close the pit, removing it without a closure plan and without demonstrating that it had the financial resources to clean up any potential contamination from the pit. In addition, EPA alleged that the pit contained volatile organic compound emissions in excess of 500 parts per million and was required to implement air emissions controls. But because several genuine issues of material fact and several practical
considerations remain, the ALJ ruled that  an accelerated decision was inappropriate at this stage of the litigation.