UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE ADMINISTRATOR
IN THE MATTER OF: ) ) ) RHONE-POULENC ) Docket No. 5-EPCRA-97-053 RHONE-POULENC BASIC ) CHEMICALS DIVISION ) ) Respondent )
ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME
AND GRANTING MOTION TO AMEND COMPLAINT
On February 6, 1998, the parties filed a Joint Motion For Extension of Time to file Complainant's prehearing exchange, due February 16, 1998. In support of this motion, the parties state that upon filing of its answer, Respondent also filed a Motion to Dismiss thirty-six of the Complaint's eighty-one counts on the basis of the statute of limitations and counts alleging less than threshold quantities. Complainant has responded to the Motion to dismiss and those arguments are now pending with the Court.
Simultaneous with the filing of the Joint Motion For Extension, Complainant filed a Motion to Amend the Complaint by striking thirty-seven of the eighty-one counts contained in the Complaint.(1) Fifteen of the thirty-seven counts which Complainant seeks to strike from the Complaint are also subject to the Motion to Dismiss. Therefore, of the original eighty-one counts, Complainant seeks to amend the Complaint to strike thirty-seven counts, and twenty-one counts are still subject to the Motion to Dismiss.
Since the parties are working diligently toward resolution of the multitude of counts contained in the Complaint, and because it would be a more efficient use of time and energy to devote attention to the resolution of the remaining counts, the JOINT MOTION FOR AN EXTENSION IS GRANTED. ACCORDINGLY, THE COURT'S SCHEDULING ORDER OF DECEMBER 12, 1998, IS SUSPENDED UNTIL A TIME 60 DAYS AFTER THE COURT'S DECISION ON THE PENDING MOTION TO DISMISS.
SIMILARLY, COMPLAINANT'S MOTION TO AMEND THE COMPLAINT, WHICH IS UNOPPOSED BY RESPONDENT, IS GRANTED, AS SET FORTH IN THIS ORDER.
Stephen J. McGuire
Administrative Law Judge
Dated: February 9, 1998
1. Complainant moves to amend its Complaint by striking the following counts and the corresponding civil penalties associated with each count (found at page 89 through 105 of the Complaint):
COUNT PROPOSED CIVIL PENALTY Count 2, II $ 17,000 Count 16, XVI 17,000 Count 18, XVIII 10,000 Count 19, XIX 10,000 Count 20, XX 10,000 Count 21, XXI 15,000 Count 22, XXII 10,000 Count 23, XXIII 10,000 Count 24, XXIV 10,000 Count 25, XXV 10,000 Count 26, XXVI 15,000 Count 27, XXVII 15,000 Count 39, XXXIX 1,300 Count 40, XL 1,300 Count 43, XLIII 17,000 Count 47, XLVII 10,000 Count 48, XLVIII 10,000 Count 49, XLIX 10,000 Count 50, L 10,000 Count 51, LI 10,000 Count 52, LII 15,000 Count 53, LIII 15,000 Count 54, LIV 10,000 Count 55, LV 10,000 Count 56, LVI 10,000 Count 57, LVII 15,000 Count 58, LVIII 15,000 Count 59, LIX 10,000 Count 60, LX 10,000 Count 61, LXI 10,000 Count 62, LXII 15,000 Count 69, LIX 6,000 Count 75, LXXV 1,300 Count 77, LXXVII 1,300 Count 78, LXXVIII 1,300 Count 79, LXXIX 1,300 Count 80, LXXX 1,300 TOTAL $366,100
Complainant thus seeks to amend the total proposed penalty to $272,300 from $638,400 (page 105 of the Complaint).