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In re Mayes

05/22/2003

ELR Citation:33 ELR 47834

An administrative law judge (ALJ) denies the U.S. Environmental Protection Agency's (EPA's) motion for accelerated decision on liability and penalty amount regarding an individual's liability for violating §9003 of the Resource Conservation and Recovery Act and its implementing regulations for underground storage tanks (USTs). There is conflicting evidentiary material concerning the issue of whether there was a change-in-service for the UST at issue, including the question of whether the UST was empty. Thus, issues of material fact exist concerning the individual’s alleged liability for the UST violations, and EPA failed to establish that it is entitled to judgment as a matter of law.