Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 20
... Initial Decision On February 11 , 2002 , the ALJ issued an Initial Decision in which he found Capozzi liable for all six counts of the Region's complaint . The ALJ determined that Capozzi's management , storage , and disposal of ...
... Initial Decision On February 11 , 2002 , the ALJ issued an Initial Decision in which he found Capozzi liable for all six counts of the Region's complaint . The ALJ determined that Capozzi's management , storage , and disposal of ...
Page 26
... initial trans- gression , assessment of a separate penalty for each distin- guishable violation may produce a total penalty which is disproportionately high . Accordingly , in the specifically limited circumstances described ...
... initial trans- gression , assessment of a separate penalty for each distin- guishable violation may produce a total penalty which is disproportionately high . Accordingly , in the specifically limited circumstances described ...
Page 39
... Initial Decision in its entirety . Accordingly , Capozzi is directed to satisfy the terms of the Compliance Order issued by the ALJ . In addition , pursuant to RCRA section 3008 ( a ) ( 3 ) , 42 U.S.C. § 6928 ( a ) ( 3 ) , a civil ...
... Initial Decision in its entirety . Accordingly , Capozzi is directed to satisfy the terms of the Compliance Order issued by the ALJ . In addition , pursuant to RCRA section 3008 ( a ) ( 3 ) , 42 U.S.C. § 6928 ( a ) ( 3 ) , a civil ...
Page 64
... Initial Decision ( " Init . Dec. " ) at 5. CCL was incorporated under California law on October 17 , 1986 , and is located adja- cent to CWPI within the same fenced - in area . Id . At the time of the Region's inspection on May 26 ...
... Initial Decision ( " Init . Dec. " ) at 5. CCL was incorporated under California law on October 17 , 1986 , and is located adja- cent to CWPI within the same fenced - in area . Id . At the time of the Region's inspection on May 26 ...
Page 69
... Initial Decision . CWPI raises two general arguments on appeal : ( 1 ) the ALJ's application of the term “ facility ... initial decision , the agency has all the powers [ that ] it would have in making the initial decision except as it ...
... Initial Decision . CWPI raises two general arguments on appeal : ( 1 ) the ALJ's application of the term “ facility ... initial decision , the agency has all the powers [ that ] it would have in making the initial decision except as it ...
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Common terms and phrases
9th Cir administrative Agency 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 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 VOLUME 11 Washington Aqueduct water quality standards WECCO wetlands
Popular passages
Page 197 - ... 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 262 - In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.
Page 527 - ... protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife...
Page 3 - 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...
Page 367 - Except as otherwise provided in sections 1154 and 1156 of this title, the term 'Indian country', as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation...
Page 366 - Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
Page 144 - In determining the amount of any penalty to be assessed under this section or section 7604(a) of this title, the Administrator or the court, as appropriate, shall take into consideration (in addition to such other factors as justice may require) the size of the business, the economic impact of the penalty on the business, the violator's full compliance history and good faith efforts to comply, the duration of the violation...
Page 364 - The functions to be exercised by the Indian Tribe pertain to the management and protection of water resources which are held by an Indian Tribe, held by the United States in trust for the Indians, held by a member of an Indian Tribe...
Page 197 - The term waters of the United States means (1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands...
Page 464 - Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this Act.