NPDES Compliance Monitoring Inspector Training Module: Legal IssuesOffice of Water Enforcement and Permits, Enforcement Division, Enforcement Support Branch, 1990 - 104 pages |
From inside the book
Results 1-5 of 6
Page 17
... civil penalty not to exceed $ 25,000 per day for each violation . In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations , the economic benefit ( if any ) resulting from the ...
... civil penalty not to exceed $ 25,000 per day for each violation . In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations , the economic benefit ( if any ) resulting from the ...
Page 18
... civil penalty or a class II civil penalty under this subsection . ( 2 ) Classes of Penalties.- ( A ) Class I. — The amount of a class I civil penalty under paragraph ( 1 ) may not exceed $ 10,000 per viola- tion , except that the ...
... civil penalty or a class II civil penalty under this subsection . ( 2 ) Classes of Penalties.- ( A ) Class I. — The amount of a class I civil penalty under paragraph ( 1 ) may not exceed $ 10,000 per viola- tion , except that the ...
Page 19
... civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with paragraph ( 4 ) may obtain review of such assessment- ( A ) in the case of assessment of a class I civil penalty ...
... civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty in accordance with paragraph ( 4 ) may obtain review of such assessment- ( A ) in the case of assessment of a class I civil penalty ...
Page 22
... civil penalty arising from the performance of his official duties , for which he is not otherwise liable , and the United States shall be liable only for those civil penalties arising under Federal law or imposed by a State or local ...
... civil penalty arising from the performance of his official duties , for which he is not otherwise liable , and the United States shall be liable only for those civil penalties arising under Federal law or imposed by a State or local ...
Page 7
... civil penalty . N. Jonas & Co. , Inc. , I.F. & R Docket No. III - 121C ( July 27 , 1978 ) . For the present , however , FIFRA inspections should be conducted under the same requirements applicable to other enforcement programs . ( 3 ) ...
... civil penalty . N. Jonas & Co. , Inc. , I.F. & R Docket No. III - 121C ( July 27 , 1978 ) . For the present , however , FIFRA inspections should be conducted under the same requirements applicable to other enforcement programs . ( 3 ) ...
Common terms and phrases
added by PL Administrator determines amended by PL appropriate assessment Attorney Barlow's decision civil penalty Clean Water Act compliance inspections comply conduct confidential criminal date of enactment discharge of pollutants Editor's note effect effluent limitation effluent standard employee enforcement entry established evidence facility Federal Water Pollution filed he/she Indian tribe inspec inspector issuance issued under section later ment module navigable waters Neutral Inspection Plan NPDES owner or operator paragraph permit issued permit under section permittees permitting authorities person point source Pollution Control Act pretreatment standard probable cause procedures promulgated publicly owned treatment purposes pursuant to section reasonable refusal regulations request requirements of subsection respect Rockaway River sample search warrant Secretary section 402 sewage sludge specific standard or prohibition stormwater subparagraph term tion toxic pollutant U.S. Attorney U.S. Marshal United United States Code violation waste Water Pollution Control water quality
Popular passages
Page 20 - States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States...
Page 19 - In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or...
Page 15 - ... which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection (or notice to a violator under paragraph (1...
Page 33 - ... (1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this Act or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under...
Page 33 - The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
Page 36 - Code. (2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the...
Page 34 - No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.
Page 15 - Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance.
Page 17 - State, and any person who violates any order issued by the Administrator under subsection (a) of this section, shall be subject to a civil penalty not to exceed $10,000 per day of such violation.
Page 1 - Congress to recognize, preserve, and protect the primary responsibilities and rights of the States in preventing and controlling water pollution...