Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 3U.S. Environmental Protection Agency, 1989 |
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9th Cir Agency's alleged amended American Cyanamid aquifer argues assessment authority BACT Bethenergy Chemical Chief Judicial Officer Ciba-Geigy civil penalty Clean Water Act complaint compliance concluded contain Corp Corporation corrective action D.C.Cir denied diazinon dioxin discharge disposal draft permit effluent limitations emissions Environmental Protection Agency EPA Region EPA's evidence evidentiary hearing F.Supp facility Federal FIFRA filed groundwater hazardous waste hydric soil impoundment Initial Decision issue landfill ment monitoring notice NPDES Appeal operator PCBs Penalty Policy Pennzoil permit application permit conditions permittees petition for review Petitioners pollutant Pontiki presiding officer presiding officer's Protection Agency Opinion provides pursuant RCRA Appeal RCRA permit reasons Region IV Region's Response Regional Administrator regulations regulatory releases remand request requirements Respondent Respondent's rules samples soil solid waste specific submitted Subpart SWMU tank tion TSCA Appeal U.S. Environmental Protection violation waste management water quality standards Wetland
Popular passages
Page 285 - Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.
Page 427 - ... those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Page 259 - The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.
Page 173 - (C) not later than July 1, 1977, any more stringent limitation, including those necessary to meet water quality standards, treatment standards, or schedules of compliance...
Page 148 - effluent limitation" means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance. (12) The term "discharge of a pollutant...
Page 652 - best available control technology" means an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under this Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such facility...
Page 286 - ... the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
Page 131 - Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
Page 179 - Congress to recognize, preserve, and protect the primary responsibilities and rights of the States in preventing and controlling water pollution...
Page 412 - All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which...