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In re Minnesota Metal Finishing, Inc.

Case Number: 
No. RCRA-05-2005-0013
ELR Citation:36 ELR 47868

An administrative law judge (ALJ) denied a motion for accelerated decision brought by the owner and operator of a hazardous waste facility that allegedly violated the Resource Conservation and Recovery Act (RCRA). The facility argued that the U.S. Environmental Protection Agency's (EPA's) claims against it should be dismissed on the grounds that the Agency failed to give prior notice of the alleged violations to the state of Minnesota as required by RCRA §3008(a)(2). The ALJ held that a complete review of the record demonstrated that the state had more than adequate notice of the violations alleged in EPA's complaint before the case was filed and was given more than an adequate opportunity to act on “its primacy RCRA enforcement role as an authorized state” had it wished to do so. The ALJ, therefore, denied the facility's motion for accelerated decision.