Chapter 22 Environmetntal Law

Permit System for Point-Source Emissions

-Elements of Permit -Storm Water -Standards for Equipment

Violations of the Clean Air Act

-For violations of emission limits under the Clean Air Act, the EPA can assess civil penalties of up to $25,000 per day. -Additional fines of up to $5,000 per day can be assessed for other violations, such as failing to maintain the required records. -who knowingly violate the act may be subject to criminal penalties, including fines of up to $1 million and imprisonment for up to two years

National Pollutant Discharge Elimination System (NPDES)

-the CWA establish a permit system -for regulating discharges from "point sources" of pollution. Point sources include industrial, municipal, and agricultural facilities

The NPDES under the Clean Water Act includes the following elements

1. National effluent (pollution) standards set by the EPA for each industry. 2.Water-quality standards set by the states under EPA supervision. 3.A discharge permit program that sets water-quality standards to limit pollution. 4.Special provisions for toxic chemicals and for oil spills. 5.Construction grants and loans from the federal government for publicly owned treatment works, primarily sewage treatment plants.

EIS must analyze the following:

1. The impact on the environment that the action will have. 2.Any adverse effects on the environment and alternative actions that might be taken. 3.Any irreversible effects the action might generate.

Clean Water Act (CWA) goals

1. make water safe for swimming 2. protect fish and wildlife and 3. eliminate the discharge of pollutants into the water

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates the use of pesticides and herbicides. These substances must be

1. registered before they can be sold, 2. certified and used only for approved applications and 3. used in limited quantities when applied to food crops

Potentially Responsible Parties

1.A person who generated wastes disposed of at the site. 2.A person who transported wastes to the site. 3.The person who owned or operated the site at the time of the disposal. 4.The current owner or operator.

CERCLA, as amended, has four primary elements:

1.It established an information-gathering and analysis system that enables the government to identify chemical dump sites and determine the appropriate action. 2.It authorized the EPA to respond to emergencies and to arrange for the clean-up of a leaking site directly if the persons responsible fail to clean up the site. 3.It created a Hazardous Substance Response Trust Fund (also called Superfund) to pay for the clean-up of hazardous sites using funds obtained through taxes on certain businesses. 4.It allowed the government to recover the cost of clean-up from the persons who were responsible (even remotely) for the hazardous substance releases.

toxic torts

A civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste.

nuisance

A common law doctrine under which persons may be held liable for using their property in a manner that unreasonably interferes with others' rights to use or enjoy their own property.

environmental impact statement (EIS)

A formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action's impact and explore alternatives.

Negligence and Strict Liability

A negligence action is based on a business's alleged failure to use reasonable care toward a party whose injury was foreseeable and was caused by the lack of reasonable care

Violations of the Clean Water Act

Civil penalties range from $10,000 per day to $25,000 per day, with a limit of $25,000 per violation -Criminal penalties apply only if a violation was intentional. These penalties range from a fine of $2,500 per day and imprisonment for up to one year to a fine of $1 million and fifteen years' imprisonment.

Superfund

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),regulates the clean-up of disposal sites where hazardous waste is leaking into the environment

The Resource Conservation and Recovery Act (RCRA)

The RCRA required the EPA to determine which forms of solid waste should be considered hazardous and to establish regulations to monitor and control hazardous waste disposal.

Environmental Protection Agency (EPA)

The primary federal agency regulating environmental law -created in 1970 to coordinate federal environmental responsibilities

"private" nuisance

To obtain relief from pollution under the nuisance doctrine, a property owner may have to identify a distinct harm separate from that affecting the general public

wetlands

Water-saturated areas of land protected under the Clean Water Act. -The CWA prohibits the filling or dredging of wetlands unless a permit is obtained from the Army Corps of Engineers.

Oil Pollution Act

any onshore or offshore oil facility, oil shipper, vessel owner, or vessel operator that discharges oil into navigable waters or onto an adjoining shore can be liable for clean-up costs and damages

BACT

best available control technology -The EPA issues guidelines as to what equipment meets this standard. Essentially, the guidelines require the most effective pollution-control equipment available.

Clean Air Act

provides the basis for issuing regulations to control multistate air pollution. It covers both mobile sources and stationary sources of pollution. -the act requires major new sources of pollutants to use pollution-control equipment that represents the maximum achievable control technology, or MACT, to reduce emissions.

Toxic Substances Control Act

regulates chemicals and chemical compounds that are known to be toxic, such as asbestos and polychlorinated biphenyls (PCBs)

Safe Drinking Water Act

requires the EPA to set maximum levels for pollutants in public water systems