Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 7
... Further , at the time Petitioner testified , and allegedly incorporated the com- ments ( which he had never seen ) into his testimony by reference , he knew that the comments had already been withdrawn . Since they were withdrawn , they ...
... Further , at the time Petitioner testified , and allegedly incorporated the com- ments ( which he had never seen ) into his testimony by reference , he knew that the comments had already been withdrawn . Since they were withdrawn , they ...
Page 19
... further reduced its penalty proposal to $ 156,064 following the evidentiary hearing . 2. Capozzi's Answer to Region V's Complaint On April 26 , 2000 , Capozzi answered the Region's complaint by asserting that it was a conditionally ...
... further reduced its penalty proposal to $ 156,064 following the evidentiary hearing . 2. Capozzi's Answer to Region V's Complaint On April 26 , 2000 , Capozzi answered the Region's complaint by asserting that it was a conditionally ...
Page 24
... further amended his estimate to 0.4 gallons per month . See Post - Hearing Brief at 2-3 . Capozzi's argument is also undermined by statements made by Cindy Gar- ris during the October 26 , 1995 and May 23 , 1996 inspections , wherein ...
... further amended his estimate to 0.4 gallons per month . See Post - Hearing Brief at 2-3 . Capozzi's argument is also undermined by statements made by Cindy Gar- ris during the October 26 , 1995 and May 23 , 1996 inspections , wherein ...
Page 26
... further below , we find that the penalty assessed by the ALJ was appropriate in view of the facts and circum- stances of the case . Accordingly , even if the ALJ had been bound by the penalty policy on this point , which he was not , no ...
... further below , we find that the penalty assessed by the ALJ was appropriate in view of the facts and circum- stances of the case . Accordingly , even if the ALJ had been bound by the penalty policy on this point , which he was not , no ...
Page 27
... further that the reasons articulated by the ALJ in support of the reduction are essentially the ones advanced by Capozzi as grounds for further reduction . See infra Section III.B.5.b. Thus , the ALJ gave ample consideration to the ...
... further that the reasons articulated by the ALJ in support of the reduction are essentially the ones advanced by Capozzi as grounds for further reduction . See infra Section III.B.5.b. Thus , the ALJ gave ample consideration to the ...
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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.