DATE: November 12, 1993

CASE NO.:  92-SWD-2
           93-STA-15

In the Matter of

WILLIAM B. FAUST

          Complainant

     v.

CHEMICAL LEAMAN TANK LINES

          Respondent




                                ORDER
                  DENYING RESPONDENTS' MOTIONS TO DISMISS

     These consolidated cases involve compliants alleging
unlawful discriminatory discharge filed under two federal
employee protection statues.  The respondent employer has moved
to dismiss the first complaint, filed under the Comprehensive
Environmental Response, Compensation and Liability Act
(CERCLA)[1]  42 U.S.C. §9610, on grounds that it was not
timely filed and circumstances do not warrant "equitable tolling"
of the statute of liitations; a motion to dismiss the second
complaint, filed under the Surface Transportation Assistance Act
(STAA), 49 U.S.C. §2905, on grounds that the complainant has
failed to state a claim for which relief is available under the
STAA.

     I have thoroughly considered the parties' motions, responses
and replies, and authority relied on, as well as a host of other
opinions by several courts of appeal and the Secretary of
Labor.[2] 
I have found no authority for the proposition that a complaint
under these statutes may be dismissed prior to holding an
evidentiary hearing, except in extremely limited circumstances 

[J. MICHAEL O'NEILL
Administrative Law Judge]

[ENDNOTES]

[1]  As noted in a prior order, this matter has been docketed as
     a case arising under the Solid Waste Disposal Act (SEDA), 42
     U.S.C. §6971.

[2]  A hearing on these matters is scheduled to commence on
     December 7, 1993.  Since time is of the essence, a
     comprehensive discussion of precedent cited by either
     parties, or other precedent, is not provided in this ruling.