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In re Aguakem Caribe, Inc.

06/02/2010

ELR Citation:40 ELR 47894

An administrative law judge denied a complainant's motion to strike and motion in limine, and a respondent's request for discovery. 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. The EPA alleges that Aguakem improperly disposed of oil at its facility, while Aguakem maintains that it was forced to leave the facility due to lead and asbestos levels in the surrounding area and intended to return and properly dispose of the oil. In the motion in limine, the complainant sought to prevent from being introduced at the hearing the email communications, memoranda, audited financial statements, and environmental sampling report that Respondent provided in its initial prehearing exchange. The motion to strike was in regard to the respondent's defense, on the grounds that he could not provide legal or factual support for his defense. The respondent sought discovery for all communication received by the EPA from the Port Ponce Authority, which, the respondent alleged, was responsible for the lead and asbestos surrounding the area.