Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 11
... determination of the amount of waste Capozzi discarded during that time ; ( 4 ) the ALJ failed to apply the RCRA Penalty Policy principle regarding multiple violations springing from the same transgression ; and ( 5 ) the ALJ erred in ...
... determination of the amount of waste Capozzi discarded during that time ; ( 4 ) the ALJ failed to apply the RCRA Penalty Policy principle regarding multiple violations springing from the same transgression ; and ( 5 ) the ALJ erred in ...
Page 21
... determination for Counts I , III , IV , V , and VI arbitrary and capricious . Capozzi's Cross - Appeal , which was filed on April 16 , 2002 , raises five is- sues : ( 1 ) whether the total penalty assessed by the ALJ is excessive ; ( 2 ) ...
... determination for Counts I , III , IV , V , and VI arbitrary and capricious . Capozzi's Cross - Appeal , which was filed on April 16 , 2002 , raises five is- sues : ( 1 ) whether the total penalty assessed by the ALJ is excessive ; ( 2 ) ...
Page 31
... determination . Rather , “ a Presiding Officer , having considered any appli- cable civil penalty guidelines issued by the Agency , is nonetheless free not to apply them to the case at hand . " In re Employers Ins . of Wausau . , 6 ...
... determination . Rather , “ a Presiding Officer , having considered any appli- cable civil penalty guidelines issued by the Agency , is nonetheless free not to apply them to the case at hand . " In re Employers Ins . of Wausau . , 6 ...
Page 32
... Determination The Board generally reviews the ALJ's factual and legal conclusions on a de novo basis . See 40 C.F.R. § 22.30 ( f ) . Specifically , the Consolidated Rules of Procedure ( " CROP " ) specify that the Board , on appeal ...
... Determination The Board generally reviews the ALJ's factual and legal conclusions on a de novo basis . See 40 C.F.R. § 22.30 ( f ) . Specifically , the Consolidated Rules of Procedure ( " CROP " ) specify that the Board , on appeal ...
Page 33
... Determination We now turn to the Region's contention that the ALJ committed an abuse of discretion and / or clear error by failing to reasonably apply the RCRA statutory factors with respect to his penalty determinations for Counts I ...
... Determination We now turn to the Region's contention that the ALJ committed an abuse of discretion and / or clear error by failing to reasonably apply the RCRA statutory factors with respect to his penalty determinations for Counts I ...
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9th Cir administrative Agency Agency's Alaska Garrison ALJ's alleged amended analysis antidegradation appeal Appellee application arctic grayling argues argument Asbestos authority BACT Board Brief Capozzi Carlota citing civil penalty Clean Water Act Complaint compliance concluded Corp Court CWPI D.C. Cir determination discharges draft permit economic benefit emissions unit enforcement Environmental EPA's EPCRA evidence evidentiary hearing failed FIFRA filed Friedman & Schmitt Gibson Hasbro hazardous waste Init Initial Decision issue limit ment mg/l Microban Motion NEPA NPDES permit penalty assessment penalty factors Penalty Policy permit conditions pesticide Petition Petitioners Phoenix Pinto Creek pollutant Presiding Officer prior proposed public comment period RACM RCRA record Region Region IV Region's SEA regulations regulatory remand request requirements Respondent's Response rule specific statutory Supp Teck Cominco tion TMDL U.S. EPA USGen violations Washington Aqueduct water quality standards WECCO wetlands