In re Spang & Co.

Case Number
No. RCRA-III-169
Citation
28 ELR 47200
Court
EPA ALJ

An administrative law judge (ALJ) dismisses the U.S. Environmental Protection Agency's (EPA's) Resource Conservation and Recovery Act (RCRA) § 3008 claim that a lagoon into which a company pumped wastewater treatment sludge from its electroplating operations (F006 waste) was a hazardous waste management unit subject to RCRA regulation. In its brief, EPA conceded that the lagoon contained a mixture of F006 waste and nonhazardous waste. The ALJ finds EPA's concession fatal to its claim.