Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 2U.S. Environmental Protection Agency, 1985 |
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Page 4
... violation . Each day such a violation continues shall , for purposes of this subsection , con- stitute a separate violation of Section 15 . TSCA § 15 provides , in pertinent part , that it shall be unlawful for any person to " ( 1 ) ...
... violation . Each day such a violation continues shall , for purposes of this subsection , con- stitute a separate violation of Section 15 . TSCA § 15 provides , in pertinent part , that it shall be unlawful for any person to " ( 1 ) ...
Page 8
... violation alleged in the com- plaint nor does the fact that respondent AERR oiled RMP's roads on other occasions appear to have been given any weight in determin- ing that respondent AERR committed the one violation with which it was ...
... violation alleged in the com- plaint nor does the fact that respondent AERR oiled RMP's roads on other occasions appear to have been given any weight in determin- ing that respondent AERR committed the one violation with which it was ...
Page 10
... violation . Each day such a violation continues shall , for purposes of this subsection , con- stitute a separate violation of Section 15 . * * * TSCA § 15 provides , in pertinent part , that it shall be unlawful for any person to " ( 1 ) ...
... violation . Each day such a violation continues shall , for purposes of this subsection , con- stitute a separate violation of Section 15 . * * * TSCA § 15 provides , in pertinent part , that it shall be unlawful for any person to " ( 1 ) ...
Page 11
... violations ( $ 17,000 each ) and the record- keeping violation ( $ 10,000 ) , were not assessed in accordance with the Agency's Civil Penalty Guidelines , 45 Fed . Reg . 59770 ( 1980 ) , and should be reduced in accordance with the ...
... violations ( $ 17,000 each ) and the record- keeping violation ( $ 10,000 ) , were not assessed in accordance with the Agency's Civil Penalty Guidelines , 45 Fed . Reg . 59770 ( 1980 ) , and should be reduced in accordance with the ...
Page 13
... violation of this section when one of its employees sold paraquat , a restricted use pesticide , to Harold Leroy Johnson of Greely , Colorado on July 24 , 1982. At the time of the sale Mr. John- son was not a certified applicator ; his ...
... violation of this section when one of its employees sold paraquat , a restricted use pesticide , to Harold Leroy Johnson of Greely , Colorado on July 24 , 1982. At the time of the sale Mr. John- son was not a certified applicator ; his ...
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Common terms and phrases
9th Cir Administrative Law Judge Agency's argues assessed authority BACT cancellation Chemical Chief Judicial Officer Ciba-Geigy civil penalty Clean Water Act complaint compliance conclusion Corp court D.C.Cir denial denied diazinon dicofol dinoseb discharge effect effluent limitations emission Environmental Protection Agency EPA Ex EPA Region EPA's evidence evidentiary hearing F.Supp facility Federal FIFRA filed groundwater groundwater monitoring guidelines hazardous waste Initial Decision injection issue matter McDonald McDonald's ment notice NPDES Appeal NPDES permit operation parties Penalty Policy permit application permit decision pesticide petition for review Petitioners pollutants presiding officer presiding officer's proceeding Protection Agency Opinion pursuant to 40 RCRA Appeal reasons record Region IX Regional Administrator registration regulations remand request requirements Respondent Respondent's risk Rohm and Haas Ronald L rules Sandoz Section Senoret sodium arsenate tion toxicity TSCA U.S. Environmental Protection violation water quality standards
Popular passages
Page 385 - The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.
Page 898 - disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (4) The term "Federal agency...
Page 177 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
Page 12 - When a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion — albeit colorably lawful coercion. Where there is coercion there cannot be consent.
Page 391 - On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule.
Page 178 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings...
Page 381 - When an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose.
Page 360 - ... reasons (including the factual basis) therefor, and that, unless the applicant corrects the conditions and notifies the Administrator thereof during the 30-day period beginning with the day after the date on which the applicant receives the notice, the Administrator may refuse to register the pesticide. Whenever the Administrator refuses to register a pesticide, he shall notify the applicant of his decision and of his reasons (including the factual basis) therefor. The Administrator shall promptly...
Page 367 - Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an "agency action") is not likely to jeopardize the continued existence of any endangered species...
Page 316 - Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.