NYC 9/11 Public Portal Document
Jenkins v. U.S. Environmental Protection Agency, 88-SWD-2 (ALJ July 10, 1998) Page 34 of 34
Il While the timeliness of the complaint was raised initially as rm issue, neither party raised it at the
hearing, and the respondent devoted only a short paragraph in its brief to the issue. Therefore, it is
imclear whether timeliness continues to be an issue. Further, a discussion of the timeliness of the
complaints is very complicated, since six separate complaints were filed and issues such as the
continuing violations theory would have to be addressed. Regardless, because it is recommended that
the complaints be dismissed on the merits, there is no reason to discuss the timeliness question, and it
will not be addressed in this decision.
—Dellinger testified that during the summer of 1988 medical waste began to wash up on the shores of
New Jersey and New York. As a resit of this crisis, Dellinger was made responsible for supervising
all activity regarding a newly created medical waste project.
llWhile complainant's brief states the lower rating was "satisfactory," the record reflects that the
lower rating was "fully successful" (CX 224-B).
file;//A:\Dismissed.html 12/21/01
NYC-WTC_000140211
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