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In re Mercury Vapor Processing Technologies, Inc.

05/05/2011

ELR Citation:41 ELR 47895

An administrative law judge (ALJ) granted in part and denied in part EPA's motion for accelerated decision against a company for allegedly operating a hazardous waste storage and treatment facility without a RCRA permit. Specifically, the Agency alleged that the company received, transported, and crushed waste lamps, including spent fluorescent bulbs, at their facility and disposed of the resulting crushed materials at solid waste landfills. EPA also alleged that some of the lamps crushed and stored by the company constituted hazardous waste and that the company failed to obtain a permit for those activities. The company argued that the waste lamps handled at their facility constituted universal waste, which is not fully regulated as hazardous waste under state and federal law. It also argued that it did not crush the waste lamps. The ALJ held that the full hazardous waste regulations adopted by Illinois and authorized by EPA apply in the present proceeding. Accordingly, EPA's motion for accelerated decision as to the applicable regulations was granted. However, genuinue issues of material fact exist as to whether conducted a hazardous waste storage and treatment operation without a RCRA permit. The ALJ, therefore, denied EPA's motion for accelerated decision in this regard.