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John A. Biewer Company of Ohio, Inc. - Washington Courthouse Facility (St. Clair, Michigan)
- Docket Number: RCRA-05-2008-0007
Status: Closed
Statute: RCRA Resource Conservation and Recovery Act (Penalty)
Complaint Date: 05/05/2008
Closed Date: 02/21/2013
Disposition: CAFO no penalty
Location Filed: Region 05
Filings:
(05/05/2008) #1 Administrative Complaint
(06/09/2008) # 2 Respondent's Answer to Complaint and Compliance Order.
(06/10/2008) # 3 RHC Transmittal letter Forwarding Case Matter to Chief ALJ's Office for Assignment of an ALJ.
(06/12/2008) # 4 Offer of ADR Process to Facilitate Settlement.`
(06/20/2008) # 5 Forward Email of Complainant, Richard Wagner, Denying Alternative Dispute Resolution process.
(06/24/2008) # 6 Respondent Accepting Alternative Dispute Resolution Process.
(06/25/2008) # 7 Order of Designation -- ALJ William B. Moran, presiding.
(06/26/2008) # 8 Motion for Partial Accelerated Decision.
(06/27/2008) # 9 Respondent's Correction ADR Letter
(06/30/2008) # 10 Prehearing Order.
(07/18/2008) # 11 Unopposed Motion for Extension of Time to Respond.
(07/23/2008) # 12 Order Granting Motion
(07/28/2008) # 13 Response to Motion for Partial Accelerated Decision.
(08/08/2008) # 14 Order Granting Motion for Partial Accelerated Decision
(08/25/2008) # 15 Pre-Hearing Exchange of the Administrator's Delegated Complainant
(08/29/2008) #16 Respondent's Witness Disclosure
(09/02/2008) #17 Motion to Strike Respondent's Witness Disclosure
(09/17/2008) # 18 Respondent's Supplemental Witness Disclosure
(09/29/2008) # 19 Motion to Amend Complaint and Compliance Order & Memorandum in Support of Complainant's Motion to amend Complaint and Compliance Order (Attachments were to volumous to scan)
(10/14/2008) # 20 Unopposed Motion for Extension of Time to Respond
(10/24/2008) # 21 Order Granting Motion for Extension of Time
(11/07/2008) # 22 Unopposed Motion for Additional Extension of Time to Respond
(11/14/2008) # 23 Memorandum in Opposition to Complainant's Motion to Amend Complaint and Compliance Order
(11/21/2008) # 24 Respondent's Pre-Hearing Exchange
(11/24/2008) #25 Notice of Hearing
(11/26/2008) #26 Reply to Respondent's Opposition to Complainant's Motion to Amend Complaint and Compliance Order
(12/05/2008) #27 Respondent's Surreply to Complainant's Reply to Respondent's Opposition to Complainant's Motion to Amend Complaint and Compliance Order
(12/09/2008) #28 Motion to Strike Respondent's Sur-reply
(12/12/2008) #29 Complaintant's Motion to Strike, In Part Respondent's Pre-Hearing Exchange
(01/05/2009) #30 Unopposed Motion for Extension of Time to Respond
(01/12/2009) #31 Order on EPA's Motion to Amend Complaint and Compliance Order and Notice fo Hearing Postponement
(01/13/2009) #32 Joint Motion for Additional Extension of Time to Respond
(01/26/2009) #33 Order on Unopposed Motion for Additional Extension of Time to Respond
(01/30/2009) #34 Amended Complaint and Compliance Order
(02/24/2009) #35 Answer to Amended Complaint and Compliance Order
(02/26/2009) #36 Complainant's Motion for Discovery
(03/10/2009) #37 RHC Transmittal Letter forwarding Case Matter to the Chief ALJ's office for Assignment of an ALJ
(03/16/2009) #38 Unopposed Motion for Extension of Time to Respond
(03/27/2009) #39 Respondent's Response to EPA's Discovery Request (Attachments were too volumous to scan)
(04/06/2009) #40 Complainant's Reply To Respondents' Response To Complainant's Motion For Discovery & Draft Discovery Order
(04/21/2009) #41 Respondent's Sur-Reply Brief
(04/27/2009) #42 Complaint's Response To Respondents' Sur-Reply Brief
(04/30/2009) #43 General Objections (attachments in file)
(05/07/2009) #44 Order Regarding EPA's Motion for Discovery
(05/18/2009) #45 Respondent's Second Set of Supplemental Responses to EPA's Discovery Requests (General Objections)
(06/15/2009) #46 Addendum To Memorandum In Support Of Complainants Motion For Accelerated Decision On Liability And Penalty
(06/15/2009) #47 3rd General Objections (Documents Too Volumious; In File Folder
(06/23/2009) #48 Order Regarding Scheduling
(07/02/2009) #49 Complainant's Motion For Accelerated Decision On Derivative Liability (Documents Too Volumious To Scan)
(10/08/2008) #50 Certified Post Cards
(07/02/2009) #51 Complaint's Memorandum In Support Of Motion For Accelerated Decision On Derivative Liability (Too Volumious To Scan; Only first and last page. BUSINESS CONFIDENTIALITY ASSERTED. THE TWO PAGES ARE REDACTED VERSION.
(07/06/2009) #52 Corrected Table Of Contents for Complaint's Memorandum In Support Of Motion For Accerlated Decision On Derivative Liability
(07/06/2009) #53 Respondents Motions for Accelerated Decision and Memorandum in Support of Respondents Motion for Accelerated Decision (Too Volumious To Scan)
(07/13/2009) #54 Complaint's Memo In Support Of Motion For Accelerated Decision on Derivative Liability (with CBI referenced material highlighted in bold type, and all attachments, including CBI)
(10/08/2008) #55 Certified Post Card
(07/16/2009) #56 Notice Of Postponement Of Hearing Date
(07/31/2009) #57 1) Respondent's Brief In Opposition To Complaint's Motion To Strike, In Part Respondent's Pre-Hearing Exchange; 2) Respondent's John A. Biewer Company, Inc., and Biewer Lumber LLC's Memorandum In Opposition To EPA's Motion For Accelerated Decision on Derivative Liability; and 3) Respondent's John A. Biewer Company Of Toledo, Inc.'s Memorandum In Opposition To Complaint's Motion For Accelerated Decision on Liability and Penalty - Exhibits are too volumious to scan
(07/31/2009) #58 Complaint's Objection To Motion for Accelerated Decision Of Respondents John A. Biewer Company, Inc., And Biewer Lumber, LLC
(08/05/2009) #59 Motion For Extension Of Time
(08/10/2009) #60 Order Granting Extension
(08/12/2009) #61 Complainant's Reply to Respondent John A. Biewer Company of Ohio, Inc's, Memorandum in Opposition to Complainant's Motion for Accelerated Decision on Liability and Penalty, and Complainant's Response to Respondent's Brief in Oppostion to Complainant's Motion to Strike, in Part Respondent's Pre-Hearing Exchange
(08/12/2009) #62 Respondents John A. Biewer Company, Inc. and Biewer Lumber, LLC's Reply to Complainant's Objection to Motion for Accelerated Decision of Respondents John A. Boewer Company, Inc. and Biewer Lumber, LCC
(08/19/2009) #63 Complaint's Reply To Respondents Memorandum In Opposition To EPA's Motion For Accelerated Decision On Derivative Liability
(10/08/2009) #64 Order on Cross Motions for Accelerated Decision on Derivative Liability
(12/28/2009) #67 Order On EPA's Motion For Accelerated Decision On Liability and Penalty
(12/28/2009) #68 Order On EPA's Motion To Strike, In Part, Respondent's Prehearing Exchange
(01/14/2010) #69 Notice Of Appearance Of Trial Counsel
(01/15/2010) #70 Notice Of Hearing
(01/21/2010) #71 Confirmation Letter for Notice of Hearing
(01/22/2010) #72 SUPPLEMENTAL PRE-HEARING EXCHANGE OF THE ADMINISTRATOR’S DELEGATED COMPLAINANT
(02/09/2010) #73 Respondent's Motion for Entry of Decision
(02/09/2010) #74 Repondent's Motion for Immediate Consideration
(02/12/2010) #75 Complainant's Response To Respondent's Motion For Entry Of Decision and Motion For Immediate Consideration
(02/22/2010) #76 Complainant's Objection To Respondent's Motion To Amend Prehearing Disclosure '
(02/22/2010) #77 Respondent's Motion To Amend Prehearing Disclosure
(02/22/2010) #78 Certified Post Card
(03/31/2010) #79 Complainant's Post-Hearing Brief
(04/05/2010) #80 Respondent's Post-Hearing Brief and Affidavit of Douglas A. Donnell
(04/09/2010) #81 Complainant's Reply Brief
(04/13/2010) #82 Respondent's Motion To Allow Late Filing Of Post-Hearing Reply Brief
(04/13/2010) #83 Respondent's Post-Hearing Reply Brief
(05/04/2010) #84 Initial Decision Regarding Penalty
(03/16/2010) #85 Transcript
(05/21/2010) #86 Complainant's Notice Of Appeal And Motion For An Extension Of Time Within Which To File A Brief
(06/03/2010) #87 Complainant's Identification Of Issues On Appeal
(06/17/2010) #88 Certification of Administration Records Transmitted to the Environmental Appeals Board
(06/28/2010) #89 Amended Main List for Documents for RCRA-05-2008-0006 and RCRA-05-2008-0007
(08/04/2010) #90 Complainant's Brief in Support of its Notice of Appeal Oral Argument Requested - Redacted
(10/19/2010) #91 Appellee's Appeal Brief with Certificate Regarding Paper Filing and Certificate of Service
(10/22/2010) #92 Complainant's Motion to File a Brief in Response to Appeal Brief of Respondents-Appellees
(10/28/2010) #93 Respondent's Response To Complainant's Motion To File A Brief In Response To Appeal Brief Of Respondents-Appellees
(11/23/2010) #94 Complainant's Reply Brief In Support Of Its Appeal
(12/14/2010) #95 Surreply Brief Of Respondents
(02/25/2013) #96 VIA E-MAIL Final Decision and Order
(02/27/2013) #97 Via U.S. Mail Final Decision and Order
(02/27/2013) #98 U.S. Mail Final Decision and Order