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In re Leed Foundry, Inc.

Case Number: 
RCRA No. 03-2004-0061
ELR Citation:35 ELR 47862

An administrative law judge (ALJ) issued a preliminary order on the respondent's motion for partial accelerated decision as to all counts in a complaint filed by the U.S. Environmental Protection Agency (EPA). The complaint asserts that fly ash waste generated at the respondent's gray iron foundry is a hazardous waste under the Resource Conservation and Recovery Act (RCRA) and alleges violations of RCRA and the Clean Water Act in connection with this waste. The respondent contends that the fly ash waste is exempt under Subtitle C of RCRA and, therefore, EPA's allegations should be dismissed. The ALJ preliminarily concluded that, subject to needed expert testimony, EPA has not complied with the plain terms of the relevant statutes and that fly ash is not regulated under RCRA.