Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 30
... factors that EPA must consider in assessing a penalty , and Congress certainly knew how to include such a factor in an environmental statute if it so desired . The logical conclusion is that ability to pay is not an element of EPA's ...
... factors that EPA must consider in assessing a penalty , and Congress certainly knew how to include such a factor in an environmental statute if it so desired . The logical conclusion is that ability to pay is not an element of EPA's ...
Page 31
... factors , thereby facilitating a uniform application of the factors . " ) , aff'd No. 6 : 01 - cv - 241 ( S.D. W.Va. Apr. 5 , 2002 ) . This being said , the Board has repeatedly explained that this regulatory re- quirement does not ...
... factors , thereby facilitating a uniform application of the factors . " ) , aff'd No. 6 : 01 - cv - 241 ( S.D. W.Va. Apr. 5 , 2002 ) . This being said , the Board has repeatedly explained that this regulatory re- quirement does not ...
Page 33
... factors with respect to his penalty determinations for Counts I , III , IV , V , and VI , and in his departure from the RCRA Penalty Policy . a . The Penalty for Count I - Owning or Operating a Hazardous Waste Management Unit for ...
... factors with respect to his penalty determinations for Counts I , III , IV , V , and VI , and in his departure from the RCRA Penalty Policy . a . The Penalty for Count I - Owning or Operating a Hazardous Waste Management Unit for ...
Page 35
... factors , courts have recognized economic benefit as a relevant consideration in determining penalties under RCRA . See , e.g. , United States v . WCI Steel , Inc. , 72 F. Supp.2d 810 , 828 ( N.D. Ohio 1999 ) ( citing United States v ...
... factors , courts have recognized economic benefit as a relevant consideration in determining penalties under RCRA . See , e.g. , United States v . WCI Steel , Inc. , 72 F. Supp.2d 810 , 828 ( N.D. Ohio 1999 ) ( citing United States v ...
Page 38
... factors EPA must con- sider in assessing a penalty , and therefore it is not an element of the Agency's proof . See In re Cent . Paint & Body Shop , Inc. , 2 E.A.D. 309 , 313-14 ( CJO 1987 ) . In addition , the RCRA Penalty Policy ...
... factors EPA must con- sider in assessing a penalty , and therefore it is not an element of the Agency's proof . See In re Cent . Paint & Body Shop , Inc. , 2 E.A.D. 309 , 313-14 ( CJO 1987 ) . In addition , the RCRA Penalty Policy ...
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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.