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In re Blackinton Common, LLC

04/23/2009

ELR Citation:39 ELR 47889

An administrative law judge (ALJ) assessed the owner of a former manufacturing site a $227,500 civil administrative penalty for failure to adequately conduct hazardous waste determinations, failure to comply with land disposal restriction (LDR) requirements, and failure to send hazardous waste to a licensed facility. The ALJ found the owner to be in default because it failed to appear at the scheduled hearing on November 17, 2008, and the record does not show good cause as to why a default order should not be issued. The owner's default constitutes an admission of all facts alleged in the complaint and a waiver of its right to contest such factual allegations. Accordingly, the ALJ held that the owner violated 40 C.F.R. §268.7(a) and state regulations by not identifying excavated wastewater treatment lagoon waste as F006 listed hazardous waste, and by consequently failing to determine whether the hazardous waste was subject to LDR treatment standards prior to disposal. The owner also violated state regulations by failing to send hazardous waste to a facility approved to accept hazardous waste. The ALJ also determined that a civil administrative penalty of $227,500 is appropriate.