# CHEMICAL WASTE MANAGEMENT
> **Judicial** · FY1985 · — · Litigated With Penalty
## Case
- **Activity ID:** `47738`
- **Case Number:** 08-1985-0001
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $40K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CHEMICAL WASTE MANAGEMENT (complaint) (settlement)
## Summary

THIS IS A COUNTERCLAIM AGAINST CWM PURSUANT TO SECTION  3008 OF RCRA.  CWM'S COMPLAINT (FILED ON NOVEMBER 9, 1984)   SEEKS REVERSAL OF AN ADMINISTRATIVE ORDER ADOPTING AN        INITIAL AGENCY DECISION AS A FINAL AGENCY ACTION.  THE ADMIN ISTRATIVE ORDER AFFIRMED IMPOSITION OF A $40,000 CIVIL       PENALTY AGAINST CWM FOR VIOLATION OF THE RCRA INTERIM STATUS REGULATIONS, AND THE COUNTERCLAIM WOULD SEEK AN ORDER        REQUIRING PAYMENT OF THE CIVIL PENALTY PLUS INTEREST.  THE   LITIGATION TEAM'S PRIMARY REASON FOR INCLUDING A COUNTERCLAI M IS TO PRECLUDE THE AGENCY FROM HAVING TO FILE A SEPARATE   CIVIL ACTION TO COMPEL PAYMENT SHOULD CWM FAIL TO MAKE       PAYMENT EVEN IF THE DISTRICT COURT FINDS FOR THE UNITED      STATE.                                                          PLAINTIFF SUED EPA TO CHALLENGE AGENCY ACTION OF ASSESSIN G A $40,000 CIVIL PENALTY; EPA COUNTERCLAIMED FOR ORDER TO   PAY ASSESSED PENALTY.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*