In re Aguakem Caribe, Inc.
An administrative law judge accepted a supplement to a respondent's earlier prehearing exchange after determining that the complainant had not been denied a meaningful opportunity to review and respond to the contents of the supplement. The case regards an allegation by the EPA that Aguakem Caribe, Inc. violated regulations governing the management of hazardous waste and used oil set forth in 40 C.F.R. parts 260 through 279 at its chemical plant in Ponce, P.R. Aguakem submitted supplemental documentation after the deadline for pretrial hearing exchanges. Though the respondent did not offer any reason for its failure to file all documents before the hearing, the judge determined that the length of time between the filing of the initial documents and the supplement was brief enough that it did not unfairly disadvantage the complainant. The judge wrote in her decision that the EAB grants significant authority to the presiding officer to determine the admissibility of documents.