Trotter’s Calculations: The Court’s Analysis

Our analysis of each component of the Region’s proposed penalty and Friedman & Schmitt’s related arguments is set forth in the following parts of this decision.

As noted, Friedman & Schmitt do not contend that the Asbestos Penalty Policy’s structure is inappropriate; nor do they contend that a 10% inflation-based upward adjustment of the Asbestos Penalty Policy’s charts is inappropriate.

In addition, Friedman & Schmitt do not challenge the $2,000 initial gravity-based penalty for the record-keeping violation, except to the extent that they argue that they should not be found liable for that violation.

Since we have concluded that Friedman & Schmitt are liable for failing to maintain waste shipment records, this $2,000 initial gravity-based penalty, along with an appropriate 10% inflation adjustment of $200, shall be assessed as part of the total penalty.