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In re Zaclon, Inc.

11/03/2005
Case Number: 
RCRA No. 05-2004-0019
ELR Citation:35 ELR 47864

An administrative law judge (ALJ) granted the U.S. Environmental Protection Agency's (EPA's) motion for an accelerated decision on liability for the first of two counts in its complaint. In this complaint, EPA alleged that the respondents own and operate a facility where hazardous wastes were stored without a permit in violation of the Resource Conservation and Recovery Act (RCRA). In response to EPA's motion, the ALJ found that there are no genuine issues of material fact as to respondents' liability on the first count of the complaint and that the respondents are liable for the RCRA violation alleged in that count. The issue of an appropriate penalty for the first count and the issues of liability and potential penalties for the second count alleged in the complaint remain disputed and were reserved for further proceedings.