Georgia Department of Natural Resources v. Union Timber Corp.

Marshall, Chief Justice.

The administrative law judge (ALJ) upheld an administrative order issued by the' Department of Natural Resources, Environmental Protection Division (EPD), requiring Union Timber Corporation (Union) either to provide proof of financial responsibility or to close a surface impoundment to which it had discharged, and in which it continues to store, hazardous wastes.

The relevant facts as found by the ALJ are as follows. Union operates a facility in Homerville, Georgia, which preserves wood, using creosote. The wastewater treatment sludge that results from this process is a…