State Civil Penalty Authorities and Policies PDF Download
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Author:
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 254
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Book Description
Author:
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 254
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Book Description
Author: U. S. Environmental Agency
Publisher: CreateSpace
ISBN: 9781505957372
Category :
Languages : en
Pages : 112
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Book Description
To respond to the problem of improper management of hazardous waste, Congress amended the Solid Waste Disposal Act with the Resource Conservation and Recovery Act (RCRA) of 1976. Although the Act has several objectives, Congress' overriding purpose in enacting RCRA was to establish the basic statutory framework for a national system that would ensure the proper management of hazardous waste. The penalty calculation system established through U.S. Environmental Protection Agency's RCRA Civil Penalty Policy ("Penalty Policy" or "Policy") is based upon Section 3008 of RCRA, 42 U.S.C. § 6928. Under this section, the seriousness of the violation and any good faith efforts to comply with applicable requirements are to be considered in assessing a penalty. Consistent with this statutory direction, this Penalty Policy consists of: (1) determining a gravity-based penalty for a particular violation, from a penalty assessment matrix, (2) adding a "multi-day" component, as appropriate, to account for a violation's duration, (3) adjusting the sum of the gravity-based and multi-day components, up or down, for case specific circumstances, and (4) adding to this amount the appropriate economic benefit gained through non-compliance. In administrative civil penalty cases, EPA will perform two separate calculations under this Policy: (1) to determine an appropriate amount to seek in the administrative complaint and subsequent litigation, and (2) to explain and document the process by which the Agency arrived at the penalty figure it has agreed to accept in settlement. The methodology for these calculations will differ only in that no downward adjustments (other than those reflecting a violator's good faith efforts to comply with applicable requirements) will usually be included in the calculation of the proposed penalty for the administrative complaint. In those instances where the respondent or reliable information demonstrates prior to the issuance of the complaint that applying further downward adjustment factors (over and above those reflecting a violator's good faith efforts to comply) is appropriate, enforcement personnel may in their discretion (but are not required to) make such further downward adjustments in the amount of the penalty proposed in the complaint. In determining the amount of the penalty to be included in the complaint, enforcement personnel should consider all possible ramifications posed by the violation and resolve any doubts (e.g., as to the application of adjustment factors or the assumptions underlying the amount of the economic benefit enjoyed by the violator) against the violator in a manner consistent with the facts and findings so as to preserve EPA's ability to litigate for the strongest penalty possible. It should be noted that assumptions underlying any upward adjustments or refusal to apply downward adjustments in the penalty amount are subject to revision later as new information becomes available. In civil judicial cases, EPA will use the narrative penalty assessment criteria set forth in the Policy to explain the penalty amount agreed to in settlement.
Author:
Publisher:
ISBN:
Category : Hazardous wastes
Languages : en
Pages :
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Book Description
Author:
Publisher:
ISBN:
Category : Railroads
Languages : en
Pages : 42
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Book Description
Author: Daniel Riesel
Publisher: Law Journal Press
ISBN: 9781588520722
Category : Law
Languages : en
Pages : 1182
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Book Description
The Environmental Enforcement: Civil and Criminal law book explains the potential legal consequences of enforcement actions and discusses procedures to follow to minimize exposure.
Author:
Publisher:
ISBN:
Category : Hazardous wastes
Languages : en
Pages : 690
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Book Description
Author: National Research Council
Publisher: National Academies Press
ISBN: 030906371X
Category : Science
Languages : en
Pages : 336
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Book Description
Incineration has been used widely for waste disposal, including household, hazardous, and medical wasteâ€"but there is increasing public concern over the benefits of combusting the waste versus the health risk from pollutants emitted during combustion. Waste Incineration and Public Health informs the emerging debate with the most up-to-date information available on incineration, pollution, and human healthâ€"along with expert conclusions and recommendations for further research and improvement of such areas as risk communication. The committee provides details on: Processes involved in incineration and how contaminants are released. Environmental dynamics of contaminants and routes of human exposure. Tools and approaches for assessing possible human health effects. Scientific concerns pertinent to future regulatory actions. The book also examines some of the social, psychological, and economic factors that affect the communities where incineration takes place and addresses the problem of uncertainty and variation in predicting the health effects of incineration processes.
Author: Michael M. Mustokoff
Publisher:
ISBN:
Category : Criminals
Languages : en
Pages : 92
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Book Description
Author: Christopher L. Bell
Publisher: Bernan Press
ISBN: 1598886770
Category : Law
Languages : en
Pages : 1109
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Book Description
The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance. The Environmental Law Handbook continues to provide individuals across the country—professionals, professors, and students—with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere. Both professional environmental managers and students aspiring to careers in environmental management should keep the Environmental Law Handbook within arm's reach for thoughtful answers to regulatory questions like: How do I ensure compliance with the regulations? How do the latest environmental developments impact my operations? How do we keep our operations efficient and our community safe? This handbook begins with chapters on the fundamentals of environmental law and on issues of enforcement and liability. It then dives headfirst into the major laws, examining their history, scope, and requirements with a chapter devoted to each. The 22nd edition of this well-known handbook has been thoroughly updated, covering major changes to the law and enforcement in the areas of Clean Air, Clean Water, Climate Change, Oil Pollution, and Pollution Prevention. This is an essential reference for environmental students and professionals, and anyone who wants the most up-to-date information available on environmental laws.
Author: Daniel M. Steinway
Publisher: Government Institutes
ISBN: 1605902667
Category : Law
Languages : en
Pages : 996
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Book Description
This Twentieth Edition references all regulatory changes made in the last two years and provides legal insight into understanding the requirements of the environmental laws. It examines all of the issues and changes that have arisen since the publication of the last edition.
