BLAW ch 21

52. Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $30,000. Industrial Solvents is subject to a fine of

$30,000 per day.

13. Performance standards for major sources of air pollution require the use of the any available technology, or AAT.

false 13

31. The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.

false 31

48. Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

required. ski

56. Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can result in

a criminal fine, imprisonment, an injunction, or damages.

37. Verna makes a living by commercial fishing in a river allegedly polluted by Wall Paint Company. To bring a suit against Wall Paint on the ground of private nuisance, Verna must allege that she suffers from

a distinct harm separate from that affecting the general public.

36. Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as

a toxic tort.

51. Metal Smelting, Inc., operates a plant—a "major source"—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

a violation.

58. Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely

a violation.

62. Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

a violation.

41. Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by

all other levels of government.

59. Green River Energy Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Green River must install certain equipment

before beginning operations.

60. Vending Products Company operates a vending machine manufacturing plant on Wandering River. Discharging pollutants from the plant into the river can result in

civil penalties and criminal penalties.

8. There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.

false (8)

4. Only the federal government may restrict emissions from motor vehicles.

false (only fed gov)

3. Businesses that engage in ultra hazardous activities are not liable for any injuries the activities cause.

false (ultra)

10. The primary responsibility for preventing and controlling air pollution rests with the federal government.

false 10

14. Those who knowingly violate the Clean Air Act are exempt from criminal penalties.

false 14

17. National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

false 17

21. Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

false 21

27. The Environmental Protection Agency sets minimum levels for pollutants in public water systems.

false 27

33. There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

false 33

34. When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

false 34

35. When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

false 35

9. The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.

false 9

20. The Clean Water Act permits the filling or dredging of wetlands without a permit.

fasle 20

42. Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is

federal and state regulatory agencies.

38. Rock Mining Company operates a gravel pit next to Siera's residence. Siera files a suit against Rock, alleging that the pit is a source of pollution and unreasonably interferes with the enjoyment of her property The court is most likely to award Siera an injunction

if letting the pollution continue is more harmful than stopping it.

68. Remote Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, Remote sells the property to Serene Developers, Inc. If there is a release, Remote is most likely

liable.

53. Fried Food, Inc., operates a commercial frying plant, discharging pol-lut-ants into the air. Greg reports the violations to the Environmental Protection Agency. Greg

may be paid up to $10,000.

55. Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in

penalties and damages.

64. Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure. This substance must be

registered before it is sold.

43. Energy Market Corporation wants to build a wind power plant on private land, for which a federal permit is required. For this action, an environmental impact statement is

required.

44. Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

required.

46. Rural Electric Company submits a bid to build a dam on federal land as part of a federal project. For this action, an environmental impact statement is most likely

required.

67. BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

strict liability.

50. The operations of Metal Refining Industries, Inc., are major sources of air pollution. These operations must use

the maximum achievable control technology.

57. County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing

the source of the water, and any contaminants and health concerns.

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance

true ( public authority)

7. The Environmental Protection Agency periodically updates the air pollution standards.

true (7)

An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

true (enviro)

Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.

true (injured)

State laws may regulate a business's disposal of toxic wastes.​

true (state)

11. Different standards for air quality apply to existing sources of pollution and major new sources.

true 11

12. The Environmental Protection lists all hazardous air pollutants (HAPs) on a prioritized schedule.

true 12

15. Federal law provides the basis for issuing regulations to control multistate air pollution.​

true 15

16. Those who knowingly violate the Clean Air Act may be subject to criminal liability.​

true 16

18. The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.

true 18

19. National effluent (pollution) standards are set by the Environmental Protection Agency for each industry.

true 19

22. Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.

true 22

23. Any point source emitting pollutants into water must have a permit.

true 23

24. Special requirements must be met to discharge toxic chemicals into surface waters.

true 24

25. The courts have considerably scaled back the Clean Water Act's protection of wetlands.

true 25

26. Public water system operators must meet the Environmental Protection Agency's standards regardless of the economic and technological feasibility.

true 26

28. New sources of water pollutants must install pollution-control equipment before beginning operations.​

true 28

29. It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

true 29

30. It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

true 30

32. It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.​

true 32

45. The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement is most likely

unnecessary because the action is not "major."

47. New Town Construction, Inc., wants to build a parking ramp to connect to its New Town Mall, both of which are on private land. For this action, an environmental impact statement is

unnecessary.

61. Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely

violation

63. A barge owned by Oceanic Shipping Company discharges some of the oil contained in its hold into the sea and onto the shore. Under the Oil Pollution Act, this is most likely

violation

70. Before being transported, hazardous waste generated by Perilous Fabrication, Inc., must be properly labeled and packaged under the Resource Conservation and Recovery Act by​

​ Perilous Fabrication, Inc.

40. ​ Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on

​ a negligence theory.

49. Congress enacts a new air quality statute that applies to businesses. To enforce federal environmental legislation, the federal government relies on​

​ all levels of government and private citizens.

66. Noxious, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can​

​ conduct an inspection of Noxious's plant.

54. Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include​

​ corporate officers who knowingly violate the act.

39. Oscar begins to operate a hog farm next to Robyn's vineyard and winery. Robyn files a suit against Oscar, alleging that the hog farm is a nuisance and unreasonably interferes with Robyn's enjoyment of her property. The court is most likely to award Robyn damages​

​ if letting the pollution continue is more harmful than stopping it.

69. Smelting & Refining Company generates solid waste considered haz-ardous. The company labels and packages properly all waste to be trans-ported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely​

​ not a violation.

65. ​ Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Coastline Chemicals, Inc., may dump its chemical waste into the ocean

​ not at all.