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ROLLINS ENVIRONMENTAL SERVICES v. U.S. E.P.A.

No. 90-1508.

937 F.2d 649 (1991)

ROLLINS ENVIRONMENTAL SERVICES (NJ) INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1991.

Attorney(s) appearing for the Case

Louis A. Minella, with whom Michael W. Steinberg was on the brief, Washington, D.C., for petitioner.

Mary Ellen M. Levine, Atty., E.P.A., with whom, James C. Nelson, Acting Associate Gen. Counsel, Patricia A. Roberts, Acting Asst. Gen. Counsel, E.P.A., Michael A. McCord and Kaye Allison, Attys., Dept. of Justice, were on the brief, Washington, D.C., for respondent.

Ashley Doherty, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent.

Before EDWARDS, BUCKLEY and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Opinion dissenting in part and concurring in part filed by Circuit Judge HARRY T. EDWARDS.

RANDOLPH, Circuit Judge:

Rollins Environmental Services (NJ) Inc. owned and operated a hazardous waste facility in Logan Township, New Jersey. In August 1982, Rollins began closing the facility's Basin 210, a concrete basin with a hypalon liner containing some 35,000 pounds of liquids and sludges with a PCB...

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