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 30
Page iii
... OF PROOF 8. GATHERING AND PRESERVING EVIDENCE 8.1 SAMPLE RESULTS AS EVIDENCE 8.2 PHOTOGRAPHS .. Page 1-1 1-1 .. 1-2 ... 1-3 1-3 2-1 3-1 4-1 4-1 4-2 4-3 4-6 4-6 5-1 6-1 6-1 6-1 6-3 • 6-3 7-1 7-1 7-2 7-3 . 7-3 7-4 7-6 8-1 8-1 8 ...
... OF PROOF 8. GATHERING AND PRESERVING EVIDENCE 8.1 SAMPLE RESULTS AS EVIDENCE 8.2 PHOTOGRAPHS .. Page 1-1 1-1 .. 1-2 ... 1-3 1-3 2-1 3-1 4-1 4-1 4-2 4-3 4-6 4-6 5-1 6-1 6-1 6-1 6-3 • 6-3 7-1 7-1 7-2 7-3 . 7-3 7-4 7-6 8-1 8-1 8 ...
Page 4-5
... resulting from any discharge from the source ) or any combination of the foregoing The pollutant which , under an applicable standard or limitation , the source was authorized to discharge ( including , to the extent necessary for such ...
... resulting from any discharge from the source ) or any combination of the foregoing The pollutant which , under an applicable standard or limitation , the source was authorized to discharge ( including , to the extent necessary for such ...
Page 7-6
... resulting in the violation . The Government must demonstrate these circumstances beyond a reasonable doubt . This difference in burden of proof affects inspectors only to the extent that they must be extremely thorough in gathering ...
... resulting in the violation . The Government must demonstrate these circumstances beyond a reasonable doubt . This difference in burden of proof affects inspectors only to the extent that they must be extremely thorough in gathering ...
Page 7-7
... RESULTS AS EVIDENCE In order for the results of sample analysis to be admissible as evidence , a logical and documented connection must be shown between samples taken and analytical results reported . This connection is shown by using ...
... RESULTS AS EVIDENCE In order for the results of sample analysis to be admissible as evidence , a logical and documented connection must be shown between samples taken and analytical results reported . This connection is shown by using ...
Page 7-8
... resulting confusion could disqualify the sample as evidence . Second , sample containers should be carefully selected and used . The method used to seal the containers ( if the sample will be left unattended ) should be capable of ...
... resulting confusion could disqualify the sample as evidence . Second , sample containers should be carefully selected and used . The method used to seal the containers ( if the sample will be left unattended ) should be capable of ...
Common terms and phrases
action added by PL Administrator determines affidavit amended by PL appropriate approved Attorney Barlow's decision civil penalty Clean Water Act compliance inspections comply conducted consent 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 hearing his/her Indian tribe inspec inspector issuance issued under section ment modified module Neutral Inspection Plan NPDES permit owner or operator Oxford County paragraph permit issued permit program permit under section permittee permittee's Permitting Authority person point source Pollution Control Act premises pretreatment standard probable cause procedures promulgated publicly owned treatment pursuant to section refusal regulations requirements sample search warrant Secretary section 402 specific standard or prohibition stormwater subparagraph subsection tion toxic pollutant U.S. Attorney U.S. Constitution 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...