GM » Topics » EPA Region V Administrative Complaint

This excerpt taken from the GM 10-Q filed Nov 7, 2006.
EPA Region V Administrative Complaint
With respect to the previously reported matter in which the EPA had issued an Administrative complaint on October 17, 2003 against General Motors in connection with the Corporation’s assembly facilities in Moraine, Ohio, Pontiac, Michigan, and Lake Orion, Michigan, the EPA Administrative Law Judge has issued a preliminary determination that GM is liable for multiple violations of the hazardous waste rules as applied to GM’s painting and purge operations. The Judge has ordered GM to pay $568,116 in penalties. GM believes that the case was wrongly


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Legal Proceedings — (concluded)
decided because the purge material in question is not a “waste”, but instead is being used as intended in enclosed systems to clean, suspend paint solids, and transport fluids. The purge material is thereafter captured, reclaimed, and reused by GM in its processes. GM has appealed this determination to the Environmental Appeals Board on the grounds that the purge material in question is not a “waste.” Oral argument took place on September 28, 2006, and a decision has not been received. In a separate administrative complaint against the Linden, New Jersey assembly plant in June 2005, the EPA alleged the same type of hazardous waste rule violations, for which it is seeking $171,795 in penalties. The New Jersey matter is expected to be scheduled for hearing in 2007.
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