UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE ADMINISTRATOR
IN THE MATTER OF: )
)
SAFETY-KLEEN (GRASSY MOUNTAIN), ) Docket Nos. TSCA-8-99-03
SAFETY-KLEEN (ARAGONITE), ) TSCA-8-99-06
SAFETY-KLEEN (CLIVE), ) TSCA-8-99-08
PPM, INC., and ) TSCA-8-99-09
SAFETY-KLEEN (PPM, INC.) ) TSCA-8-99-12
) TSCA-8-09-14
) TSCA-8-09-15
Respondents ) TSCA-8-99-16
) TSCA-8-99-17
) TSCA-8-99-19
) TSCA-8-99-20
) TSCA-8-99-21
) TSCA-8-99-22
ORDER CONSOLIDATING RELATED ACTIONS
These proceedings were commenced by the filing of Complaints
on July 27, 1999 (Docket Nos. TSCA-8-99-03, -06, -09, -12) and
August 2, 1999 Docket Nos. TSCA-8-99-14, -15, -16, -17, -19, -20,
-21, and -22) pursuant to Section 16, of the Toxic Substances
Control Act (TSCA), 15 U.S.C. § 2615, by the United States
Environmental Protection Agency, Region 8, against the
Respondents named above. Each Complaint alleges that the
Respondent named therein violated Section 15 of TSCA, and a
Federal regulation promulgated pursuant to TSCA governing
Polychlorinated Biphenyls (PCBs), at 40 C.F.R. § 761.65(a), by
failing to dispose of PCBs within one year of placement into
storage for disposal. An Answer to each Complaint was submitted
by the same counsel for each Respondent on August 13, 1999
(Docket Nos. TSCA-8-99-03, -09, and -12) or August 18, 1999
(Docket Nos. TSCA-8-99-06, -08, -14, -15, -16, -17, -19, -20, -21, and -22).
Each Complaint identifies the Respondent named therein as an
owner/operator of a facility at a named location, alleges that
the named Respondent failed to dispose of PCBs within one year of
placement into storage for disposal, and proposes to assess a
penalty of either $1000 (Docket Nos. TSCA-8-99-03, -08, -09,
-12, -14, -15, -16, -17, -20, -21, -22) or $6,000 (Docket Nos.
TSCA-8-99-06 and -19). The Answers filed in each of these
proceedings are identical. The Respondents appear to be under
common ownership of, or affiliated, with Safety-Kleen. The
factual issue of whether PCBs were destroyed or disposed of more
than one year after being removed for disposal is common to all
of the Complaints.
The Consolidated Rules of Practice Governing Administrative
Assessment of Civil Penalties and the Revocation or Suspension of
Permits (the "Rules of Practice") (40 C.F.R. §22.1 et seq.), as
revised, 64 Fed. Reg. 40176 (July 23, 1999), provide as follows
at 40 C.F.R. § 22.12(a), in pertinent part:
The Presiding Officer ... may consolidate any or all
matters at issue in two or more proceedings subject to
these Consolidated Rules of Practice where:
there exist common parties or common issues of fact or
law; consolidation would expedite and simplify
consideration of issues; and consolidation would not
adversely affect the rights of parties engaged in
otherwise separate proceedings.
In these circumstances, it is concluded that consolidation is
appropriate, as it will expedite and simplify consideration of
the issues, and it does not appear that consolidation would
result in prejudice to any of the parties.
Accordingly, the proceedings listed above are hereby
consolidated pursuant to 40 C.F.R. § 22.12(a).
____________________________
Susan L. Biro
Chief Administrative Law Judge
Dated: November 18, 1999
Washington, D.C.
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