An administrative law judge (ALJ) assessed a $49,750 civil penalty against the owner and operator of a hazardous waste facility for storing baghouse dust, zinc ash, and zinc skimmings without a permit in violation of the Resource Conservation and Recover Act (RCRA). The ALJ, however, dismissed count two of the U.S. Environmental Protection Agency's (EPA's) complaint, alleging that spent stripping acid was a hazardous waste under RCRA.