ELR Citation: ELR 21032
No(s). 91-1921 (D.P.R. Feb 12, 1992)

The court refuses to lower the civil penalty imposed by the Environmental Protection Agency (EPA) on an engine rebuilding shop for operating two unauthorized injection wells in violation of the Safe Water Drinking Act underground injection control (UIC) program. The court holds that EPA did not abuse its discretion in assessing the penalty based on the seriousness of the violation, the extent of deviation from the UIC requirements, and appropriate adjustment factors. The court rejects petitioner's defense that it lacks sophistication in understanding EPA regulations. Although EPA regulations can be confusing to nonexperts, EPA's warning letters were written in simple language and did not require an in-depth understanding of environmental regulatory law in order to respond. Further, petitioner had the opportunity to comment on the proposed order and/or request a hearing in which the issues raised on appeal could have been presented.

Counsel for Petitioner
Julio Morales-Sanchez
Mercado & Soto
Caso Bldg. Penthouse, 1225 Ponce de Leon Ave., San Juan PR 00907
(809) 723-5434

Counsel for Respondent
Ronald M. Spritzer
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000