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In re General Motors Automotive

10/27/2004

ELR Citation:34 ELR 47848

An administrative law judge (ALJ) denied EPA's motion for accelerated decision after EPA charged the corporation violating §3005(a) of RCRA and the regulation found at 40 CFR §§265.1064(b), 265.1085(c)(4), and 270.1(c), and Michigan Part 111 Administrative Rule 299.960, for storing hazardous waste without an operating license or interim status by failing to meet the conditions for regulatory exemption and failure to comply with the interim status requirements at three of its facilities located in Pontiac, Michigan, Lake Orion, Michigan, and Moraine, Ohio. EPA proposed a civil penalty of up to $27,500 per day for each violation of Subtitle C of RCRA occurring after January 31, 1997. The ALJ also denied the corporation's motion for accelerated decision. The ALJ ordered each party to prepare for a hearing to be held in February 2005.