Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 12
... assessment of a total civil penalty of $ 37,600 against Capozzi . Before Environmental Appeals Judges Scott C. Fulton , Ronald L. McCallum , and Edward E. Reich . Opinion of the Board by Judge Fulton : This is an appeal by the Chief of ...
... assessment of a total civil penalty of $ 37,600 against Capozzi . Before Environmental Appeals Judges Scott C. Fulton , Ronald L. McCallum , and Edward E. Reich . Opinion of the Board by Judge Fulton : This is an appeal by the Chief of ...
Page 13
... assessment of a $ 37,600 civil penalty against Capozzi . I. FACTUAL AND PROCEDURAL HISTORY A. Factual History John A. Capozzi owns and operates Capozzi Custom Cabinets , a cabi- net - manufacturing facility in Leavittsburg , Ohio ...
... assessment of a $ 37,600 civil penalty against Capozzi . I. FACTUAL AND PROCEDURAL HISTORY A. Factual History John A. Capozzi owns and operates Capozzi Custom Cabinets , a cabi- net - manufacturing facility in Leavittsburg , Ohio ...
Page 27
... assessment already reflects a substantial reduction , $ 118,464 , from the Region's proposed penalty of $ 156,064 . We note further that the reasons articulated by the ALJ in support of the reduction are essentially the ones advanced by ...
... assessment already reflects a substantial reduction , $ 118,464 , from the Region's proposed penalty of $ 156,064 . We note further that the reasons articulated by the ALJ in support of the reduction are essentially the ones advanced by ...
Page 28
... assessment was overly punitive under the circumstances . Additionally , we reject Capozzi's assertion that " without ... assessments . See , e.g. , In re Newell Recycling Co. , Inc. , 8 E.A.D. 598 , 642 ( EAB 1999 ) ( “ [ w ] e continue ...
... assessment was overly punitive under the circumstances . Additionally , we reject Capozzi's assertion that " without ... assessments . See , e.g. , In re Newell Recycling Co. , Inc. , 8 E.A.D. 598 , 642 ( EAB 1999 ) ( “ [ w ] e continue ...
Page 29
... assessment that is higher than others is not grounds for finding clear error or abuse of discretion ) ; In re Spang & Co. , 6 E.A.D. 226 , 242 ( EAB 1995 ) ( " [ g ] enerally speaking , unequal treatment is not an available basis for ...
... assessment that is higher than others is not grounds for finding clear error or abuse of discretion ) ; In re Spang & Co. , 6 E.A.D. 226 , 242 ( EAB 1995 ) ( " [ g ] enerally speaking , unequal treatment is not an available basis for ...
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9th Cir administrative Agency Agency's Alaska Garrison ALJ's alleged amended analysis antidegradation appeal Appellee application arctic grayling argues argument Asbestos authority BACT Board Brief Capozzi Carlota citing civil penalty Clean Water Act Complaint compliance concluded Corp Court CWPI D.C. Cir determination discharges draft permit economic benefit emissions unit enforcement Environmental EPA's EPCRA evidence evidentiary hearing failed FIFRA filed Friedman & Schmitt Gibson Hasbro hazardous waste Init Initial Decision issue limit ment mg/l Microban Motion NEPA NPDES permit penalty assessment penalty factors Penalty Policy permit conditions pesticide Petition Petitioners Phoenix Pinto Creek pollutant Presiding Officer prior proposed public comment period RACM RCRA record Region Region IV Region's SEA regulations regulatory remand request requirements Respondent's Response rule specific statutory Supp Teck Cominco tion TMDL U.S. EPA USGen violations Washington Aqueduct water quality standards WECCO wetlands