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In re Minnesota Metal Finishing, Inc.

03/17/2006
Case Number: 
RCRA No. 05-2005-0013
ELR Citation:36 ELR 47867

An administrative law judge (ALJ) granted the U.S. Environmental Protection Agency's (EPA's) motion for leave to amend its complaint against the owner and operator of a hazardous waste facility for Resource Conservation and Recovery Act (RCRA) violations. In its motion, EPA sought to revise its allegations that the facility failed to adequately train certain of its employees and maintain employee records. EPA also sought to amend the penalty demands. The ALJ granted EPA's motion because there was no evidence that EPA's proposed amendments would cause undue delay in the proceeding or undue prejudice to the respondent, that the amendments were motivated by bad faith or a dilatory motive, or that they were futile.