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In re Zaclon, Inc.

04/21/2006
Case Number: 
RCRA No. 05-2004-0019
ELR Citation:36 ELR 47870

An administrative law judge (ALJ) denied the U.S. Environmental Protection Agency's (EPA's) motion for leave to file a third amended complaint against a chemical manufacturer for Resource Conservation and Recovery Act (RCRA) violations. EPA argued that the manufacturer violated RCRA by storing hazardous waste without a permit. EPA sought to amend its complaint that it had filed on February 24, 2006, by adding twp corporate officers as respondents because it believed them to be operators of the RCRA facility over which they both exercised complete control. Adding the two officers to the complaint, however, would further delay the case and would unfairly burden both the existing and proposed respondents. EPA's motion to amend the complaint, therefore, was denied.