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In re Zaclon, Inc.

10/07/2005
Case Number: 
RCRA No. 05-2004-0019
ELR Citation:35 ELR 47861

An administrative law judge granted the U.S. Environmental Protection Agency's (EPA's) motion to amend the prehearing exchange, to amend the complaint, and to supplement the prehearing exchange, and rescheduled the hearing on this matter. EPA alleged that the respondent owns and operates a facility at which hazardous waste was stored without a permit in violation of the Resource Conservation and Recovery Act. The respondent did not object to EPA's motion to amend the prehearing exchange documents so that it could submit a signature and date that were inadvertently omitted in the original documents. Further, there is no indication of dilatory motive or bad faith on the part of EPA for adding two additional parties to its complaint. And additional claims EPA seeks to add to its complaint are related to the facts alleged in Count 1, so efficiency and judicial economy would be better served by allowing the complaint to be amended rather than by EPA filing a second complaint. But because the respondent would likely would suffer undue prejudice from having to defend against the new allegations and prepare for a hearing that is only six weeks away, the hearing date was postponed.