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UNITED STATES 
ENVIRONMENTAL PROTECTION AGENCY



BEFORE THE ADMINISTRATOR










In the Matter of

Robert K. Hippert, Nancy S. Hippert,        Docket No. CAA-III-064
Ronald H. Frey & Barbara L. Frey,
d/b/a H&F Realty and Indoor Air Quality, Inc.,

	Respondents








ORDER DENYING MOTION TO DISMISS



	Respondents have moved to dismiss this action on a variety of grounds.  They essentially argue
that this case should be dismissed because the facts do not support the violations alleged in the
administrative complaint; because of the purported delay of the U.S. Environmental Protection Agency
("EPA") in initiating this action and the resulting prejudice to respondents in the preparation of their
defense; because of EPA's failure to notify respondents that it intended to inspect their property; and
because of the manner in which EPA conducted the inspection and collected evidence.  Alternatively,
respondents argue that certain evidence tending to support EPA's case should be suppressed and that EPA
should be directed to comply with certain discovery requests.  EPA has filed an opposition to this motion.


	The respondents have failed to articulate a basis for dismissing EPA's complaint at this early stage. 
Indeed, given the fact that the prehearing exchange ordered in this case has not yet even taken place, the
arguments in support of dismissal, suppression of evidence, and discovery are prematurely raised.


	Accordingly, respondents' motion to dismiss is denied.



Carl C. Charneski

Administrative Law judge

Issued: November 8, 1996

Washington, D.C.



IN THE MATTER OF ROBERT K. HIPPERT, NANCY S. HIPPERT,RONALD H. FREY &
BARBARA L. FREY d/b/a H & F REALTY; AND INDOOR AIR OUALITY, INC., Respondents

Docket No. CAA-III-064




CERTIFICATE OF SERVICE



	I certify that the foregoing Order Denying Motion to Dismiss, dated November 8 1996, was sent in
the following manner to the addressees listed below:



Original by Regular Mail to:
Lydia Guy

						Regional Hearing Clerk

						U.S. Environmental Protection

								Agency, Region 3

						841 Chestnut Building

						Philadelphia, PA 19107


Copies by Regular mail to:

Counsel for Complainant:
Hilda E. Burgos, Esq.

						Assistant Regional Counsel

						U.S. Environmental Protection

								Agency, Region 3

						841 Chestnut Building

						Philadelphia, PA 19107


Counsel for Respondents:
Louis Giansante, Esq.

						Lavin, Coleman, Finarelli

								& Gray

						Penn Mutual Tower, Suite 1000

						510 Walnut Street

						Philadelphia, PA 19106


						David F. Spang, Esq.

						Merkel & Spang

						528 Washington Street

						P. 0. Box 1256

						Reading, PA 19603




Marion Walzel

Legal Assistant

Dated: November 8, 1996
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