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In re Mathys

Case Number: 
RCRA No. 03-2005-0191
ELR Citation:36 ELR 47871

An administrative law judge (ALJ) granted a motion to set aside a default order against the owner and operator of a hazardous waste facility for Resource Conservation and Recovery Act (RCRA) violations. The default order found the individual liable for RCRA violations at the facility and assessed a $103,738 civil penalty against him. The individual, however, mistakenly believed that the U.S. Environmental Protection Agency's enforcement action was against his corporation and not against him directly. The ALJ held that it was reasonable for the individual to be mistaken and, therefore, set aside the default order and reopened the record.