UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE ADMINISTRATOR
In the Matter of )
)
Klein Metal Finishing, Inc. ) Docket No. CWA-V-97-027
)
Respondent )
ORDER ON MOTIONS
This order is entered by agreement of Complainant and
Respondent:
It is hereby found that there is no genuine issue of material
fact regarding Respondent's liability for the violations alleged in
the Complaint, filed in this action on September 24, 1997, and, as
a matter of law, Respondent is liable for those violations.
Therefore, Complainant's Motion for Accelerated Decision on
Liability, filed May 15, 1998, is granted, and Respondent is found
liable for all violations alleged in the Complaint.
Without objection from Respondent, Complainant's Motion for
Further Discovery is granted in the following particulars:
- That Respondent is hereby ordered to submit to
Complainant all information identified in items (1) and
(2) of the motion.
- That Respondent is hereby ordered to submit to
Complainant detailed general ledgers, identified at (C),
under General Financial Records, in the Appendix to the
motion, for the time period of the last six months.
- That Respondent is hereby ordered to submit to
Complainant the amount and costs of all chemicals used to
pretreat their waste stream, including caustic soda or
other bases used to neutralize the acidity of the waste
stream, and any flocculants or polymers, if they use
them, for the last 5 years, reporting the costs of the
chemicals on an annualized basis.
- All discovery described above is to be completed no later
than 30 days after service of this Order on the parties.
The hearing will not be scheduled to be held until at
least 60 days after the completion of this discovery.
This order resolves all motions of Complainant, identified
herein, in their entirety.
Dated this 6th day of September 1998.
Original signed by undersigned
___________________________________
Spencer T. Nissen
Administrative Law Judge
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