Ezel / Agency Decisions / RCRA (3008) 97-1

Michigan Waste Systems, Inc. (Board decision, April 21, 1998)

In re Michigan Waste Systems, Inc. (EAB RCRA (3008) Appeal Nos. 97-1 and 97-2): appeals withdrawn after settlement

Decision type
Board decision
Dockets
RCRA (3008) 97-1, RCRA (3008) 97-2, V-W-84-R-054
Decided
April 21, 1998
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-08-23
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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This is citable Board precedent from 1998, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1998
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board order is a final disposition of the two consolidated appeals. The EPA listing identifies the record as an Unpublished Final Order. The Board granted the parties' motions to withdraw their appeals after the matters settled and dismissed both appeals with prejudice. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

Michigan Waste Systems, Inc. and EPA Region V each asked the Environmental Appeals Board to withdraw a separate appeal because the matter had settled. The Board found good cause and granted both motions. It dismissed RCRA (3008) Appeal Nos. 97-1 and 97-2 with prejudice. The public release does not state the settlement terms.

Decision snapshot

  • Cited authorities: None stated in the decision.
  • Outcome: Both appeals were withdrawn and dismissed with prejudice after settlement.
  • Key point: The EAB granted withdrawal motions after the parties reported settlement and closed both appeals with prejudice.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C.

In re:

Michigan Waste Systems, Inc. RCRA (3008) Appeal Nos. 97-1 &

97-2

Docket No. V-W-84-R-054

ORDER GRANTING MOTIONS TO WITHDRAW APPEALS

On April 17, 1998, Respondent Michigan Waste Systems, Inc. (“Respondent”) filed a motion requesting leave to withdraw its appeal, RCRA (3008) Appeal No. 97-2, on the grounds that the case has settled. Then on April 21, 1998, U.S. EPA Region V (“the Region”) filed a substantially similar motion requesting leave to withdraw its appeal, RCRA Appeal (3008) No. 97-1. The Region’s motion is also made on the grounds that the matter has settled.

For good cause shown, the Board hereby grants both parties’ motions. Accordingly, RCRA (3008) Appeal No. 97-1 and RCRA (3008) Appeal No. 97-2 are each hereby dismissed with prejudice.

So ordered.

ENVIRONMENTAL APPEALS BOARD

va

Dated: April 21, 1998
By: [illegible signature]
Ronald L. McCallum

Environmental Appeals Judge

2
CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Granting Motions to Withdraw Appeals in the matter of Michigan Waste Systems, Inc., RCRA (3008) Appeal Nos. 97-1 & 97-2, were sent to the following persons in the manner indicated:

By Fax and by Certified Mail,
Return Receipt Requested:

Larry L. Johnson, Esq.
Attorney for U.S. EPA Region 5
Office of Regional Counsel

77 W. Jackson Boulevard C-29A
Chicago, IL 60604

Fax No.: (312) 886-0747

Michael L. Hardy, Esq.

Attorney for

Michigan Waste Systems, Inc.
Thompson, Hine and Flory

1100 National City Bank Building
629 Euclid Avenue

Cleveland, OH 44114

Fax No.: (216) 566-5800

Dated: APR 21 1998

Annette Duncan
Secretary

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