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accordance action addition administrative Agency air quality alleged amended amount analysis appeal applicable appropriate ARCO argues argument assessment authority BACT Board Brief chemical claim complaint compliance concluded considered contained Continued Corp costs Count decision denied determination disposal draft effect emissions enforcement Environmental establish evidence facility fact factors failed failure federal FIFRA filed final further hazardous hearing impact Initial Decision issue letter levels liability limit material matter Newell noted notice operation parties penalty period permit Petition Petitioners Policy pollutants present Presiding Officer Presiding Officer's proposed raised RCRA reasons record reduction regarding Region regulations regulatory remedial removal reporting request requirements response result rule significant soil specific standards submitted tanks term tion United violations waste
Page 640 - Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for or in validity of the claim or its amount.
Page 723 - First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail.
Page 450 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
Page 232 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.
Page 363 - An aquifer or a portion thereof which meets the criteria for an "underground source of drinking water" in § 146.3 may be determined under 40 CFR 144.8 to be an "exempted aquifer" if it meets the following criteria: (a) It does not currently serve as a source of drinking water; and (b) It cannot now and will not in the future serve as a source of drinking water...
Page 75 - stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant. (4) The term "modification" means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. (5) The term "owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary...
Page 128 - 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 279 - 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.
Page 274 - Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.
Page 242 - (C) it will perform its intended function without unreasonable adverse effects on the environment; and "(D) when used in accordance with widespread and commonly recognized practice it will not generally cause unreasonable adverse effects on the environment.