Jump to Navigation
Jump to Content

In re Zaclon, Inc.

06/02/2006
Case Number: 
RCRA No. 05-2004-0019
ELR Citation:36 ELR 47875

An administrative law judge (ALJ) granted a motion to supplement a prehearing exchange brought by the owner and operator of a hazardous waste facility that allegedly violated the Resource Conservation and Recovery Act and partially granted the U.S. Environmental Protection Agency's (EPA's) motion for leave to file a final supplement to the prehearing exchange. In its motion, 15 days prior to the commencement of the hearing that was held on June 6, 2006, the facility sought to add an expert witness. The ALJ granted the motion since EPA would not suffer any undue prejudice from the facility's motion, such as "inadequate opportunity to prepare cross examination and any rebuttal testimony and evidence in time for the hearing." In EPA's motion, the Agency sought to add certain proposed exhibits that it filed 15 prior to the commencement of the hearing. The ALJ granted the motion in part because the facility would not have suffered any undue prejudice and would have had adequate time in preparation for the hearing. However, since the Agency did not provide certain other exhibits to the owners of the facility until 14 days prior to the hearing and provided no explanation as to why the documents were submitted at such a late date, the ALJ denied in part EPA's motion for leave to file a final supplement to the prehearing exchange. The ALJ believed that EPA could have submitted the documents in its original prehearing exchange that took place in 2005 instead of submitting the documents just a few days prior to the hearing.