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In re Zaclon, Inc.

05/23/2006
Case Number: 
RCRA No. 05-2004-0019
ELR Citation:36 ELR 47874

An administrative law judge (ALJ) granted the U.S. Environmental Protection Agency's (EPA's) motion of accelerated decision on the issue of a hazardous waste facility owner's ability to pay a penalty for Resource Conservation and Recovery Act violations. Although the facility raised the claim of inability to pay the proposed penalty in its prehearing exchange, it failed to provide substantial and probative evidence from which a reasonable factfinder could find by a preponderance of the evidence that it is unable to pay the proposed penalty. The facility, therefore, failed to sustain its burden in opposing the motion for accelerated decision on the issue of ability to pay, and the ALJ granted EPA's motion for accelerated decision.