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In re Mercury Vapor Processing Technologies, Inc.

07/14/2011

ELR Citation:41 ELR 47896

An administrative law judge (ALJ) held in abeyance a respondent's motion to dismiss with prejudice for lack of fair notice and convoluted regulations. The ALJ found that the factual allegations of the complainant appear to be outside the scope of Illinois' hazardous waste rule, which allows hazardous waste lamps to be treated for volume reduction only at the site where those lamps were generated. The ALJ also found both parties should be given the opportunity to present full cases at hearing, and the defense of a lack of fair notice need not be addressed.