Recycle Corp recycles various scrap metals by processing them in an electric furnace at its Wedgewater facility.
Question:
Recycle Corp recycles various scrap metals by processing them in an electric furnace at its Wedgewater facility. A large quantity of dust is produced as a byproduct which Recycle has been land-filling on site.
Until recently, electric arc dust was not considered hazardous waste, and non-site land filling was permitted. However, State Environmental Protection Agency (EPA) has promulgated a regulation providing that such dust is hazardous. The new regulation makes the entire Wedgewater facility into a hazardous waste site.
Recycle submitted extensive chemical analysis of the dust to the state EPA demonstrating that nothing in the dust it produced was otherwise considered a hazardous waste, i.e., it contains neither heavy metals, such as mercury, nor hazardous ceramic compounds. Recycle also stated that it intended beginning next year to make the dust into a ceramic tile building material.
The EPA rejected the submission with a letter stating:
"State law provides that the agency may define hazardous material by regulation. Even if your electric arc dust now fails to contain heavy metals, there is no assurance that this will continue. Since Wedgewater has no state hazardous waste permit, immediate closure and cessation and all operations are required. Failure to comply within 3 working days will subject you to substantial fines."
Immediate closure would cost $100,000 a day and complete closure would cost over $15 million. So, Recycle sued in State Court regarding an injunction against the EPA administrator enforcing the regulation.
Explain what issues are presented and what result you would expect.
International Marketing And Export Management
ISBN: 9781292016924
8th Edition
Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr