ELR Citation: ELR 20370
No(s). MS82-113 (W.D. Wash. Nov 8, 1982)

The court upholds the issuance of an ex parte administrative warrant pursuant to §3013(d) of the Resource Conservation and Recovery Act (RCRA) authorizing the Environmental Protection Agency (EPA) to enter a hazardous waste disposal facility to test for hazardous waste pollution. Ruling on the motion to quash the warrant, the court first finds that RCRA gives EPA the authority to monitor facilities that process and store hazardous wastes. It next rules that the entry provisions of §§3013 and 3007 of RCRA are constitutional. The statutory scheme provides reasonable notice and is neither overbroad nor inconsistent with the Fourth Amendment. The court also finds that EPA acted reasonably in issuing the §3013 order on which the warrant was based. It then rules that the ex parte procedure is adequate to protect the constitutional rights of the movant without the filing of a civil enforcement action. The documents considered by the magistrate who issued the warrant gave adequate notice of the nature of the inspection to be carried out and showed reasonable grounds for issuance of the warrant. Finally, the court rules that the argument that the inspections will disrupt its business are premature.

Counsel for Plaintiff
David S. Marshall, Ass't U.S. Attorney
3600 Seafirst 5th Ave. Plaza, 800 5th Ave., Seattle WA 98104
(206) 442-7970

Counsel for Defendant
Peter A. Danelo
Carmody, Syrdal, Danelo & Klein
24th Floor, Fourth and Blanchard Bldg., Seattle WA 98121
(206) 464-1490