Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 11U.S. Environmental Protection Agency, 2003 |
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Page 19
... prior treatment . Count III alleged that Capozzi violated OAC § 3745-65-13 ( A ) ( 1 ) by failing to obtain a detailed chemical and physical analysis of hazardous waste prior to its disposal . Count IV alleged that Capozzi violated 40 ...
... prior treatment . Count III alleged that Capozzi violated OAC § 3745-65-13 ( A ) ( 1 ) by failing to obtain a detailed chemical and physical analysis of hazardous waste prior to its disposal . Count IV alleged that Capozzi violated 40 ...
Page 22
... prior to the October 26 , 1995 inspection . Additionally , Inspector Fodo testified during the evidentiary hearing that during the first OEPA inspection , Mr. Capozzi estimated that one gallon - sized coffee can of waste was disposed of ...
... prior to the October 26 , 1995 inspection . Additionally , Inspector Fodo testified during the evidentiary hearing that during the first OEPA inspection , Mr. Capozzi estimated that one gallon - sized coffee can of waste was disposed of ...
Page 23
... prior to June 30 , 1995 would have been expected to have long since evaporated in the summer heat . This , however , was not the case . As noted earlier , the October 26 , 1995 soil sample indicated the presence of acetone , methyl ...
... prior to June 30 , 1995 would have been expected to have long since evaporated in the summer heat . This , however , was not the case . As noted earlier , the October 26 , 1995 soil sample indicated the presence of acetone , methyl ...
Page 28
... prior to OEPA's in- spections , Capozzi was operating in serious dereliction of its regulatory obliga- tions , but also that seven months after OEPA notified Capozzi of its violations and advised it on how to achieve compliance , 24 ...
... prior to OEPA's in- spections , Capozzi was operating in serious dereliction of its regulatory obliga- tions , but also that seven months after OEPA notified Capozzi of its violations and advised it on how to achieve compliance , 24 ...
Page 57
... prior to extending the 18 - month commence- ment of construction deadline found in 40 C.F.R. § 52.21 ( r ) ( 2 ) . " Memorandum by Wayne Blackard , Chief Region IX New Source Review Section ( Sept. 8 , 1998 ) . That guidance ...
... prior to extending the 18 - month commence- ment of construction deadline found in 40 C.F.R. § 52.21 ( r ) ( 2 ) . " Memorandum by Wayne Blackard , Chief Region IX New Source Review Section ( Sept. 8 , 1998 ) . That guidance ...
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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.