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In re Tanana Oil Corporation

07/29/2004

ELR Citation:34 ELR 47845

An administrative law judge (ALJ) held that a corporation is in default because it failed to submit a prehearing exchange, motion for extension of time, or statement that it is electing to conduct cross-examination of the EPA's witnesses. A default order constituted an initial decision by the judge and granted the requested relief of the EPA. As a result the corporation was assessed with a civil penalty of $46,789 pursuant to sections 9006 (c) and (d) of RCRA.