STATUTORY AND REGULATORY AUTHORITY Sample Clauses

STATUTORY AND REGULATORY AUTHORITY. The State enters this agreement under the authority of California Government Code § 8670.

STATUTORY AND REGULATORY AUTHORITY. The Director has authority to administer the Act pursuant to Utah Code § 19-1- 105(1)(e), and to enforce the Utah Water Quality Rules in Utah Administrative Code R317 through the issuance of orders and notices of violation, as specified in Utah Code §§ 19-5-106(2)(d) and 19-5-111. The Director also has authority to settle any civil action initiated to compel compliance with the Act and implementing regulations pursuant to Utah Code § 19-5-106(2)(k).

STATUTORY AND REGULATORY AUTHORITY. This MOU is being entered into pursuant to NEPA, 42 U.S.C. Section 4331, et seq., the Council on Environmental Quality’s NEPA regulation regarding Cooperating Agencies, 40 C.F.R § 1508.5, the U.S. Department of the Interior’s NEPA regulations, 43 C.F.R §46 et seq., and its regulation regarding Cooperating Agencies, 43 CFR §26.225(d). The purpose of this MOU is to document the roles, responsibilities and commitments of the Lead Agency and cooperating agencies pursuant to NEPA and implementing regulations.

STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Section 309(g) of the Clean Water Act (“CWA” or “Act), 33 U.S.C. § 1319(g), the Administrator of the United States Environmental Protection Agency (“EPA”) is authorized to assess administrative penalties against persons who violate Section 301(a) of the Act, id. § 1311(a). The Administrator has delegated this authority to the Regional Administrator of EPA Region III, who in turn has delegated this authority to the Director, Water Protection Division (Complainant). 2. This Consent Agreement is entered into by the Complainant and Antrim Township, Pennsylvania (Antrim or Respondent), pursuant to Section 309(g) of the CWA and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation, Termination or Suspension of Permits (Consolidated Rules), 40 C.F.R. Part 22. 3. The Consolidated Rules, at 40 C.F.R.§ 22.13(b) provide in pertinent part that where the parties agree to settlement of one or more causes of action before the filing of a complaint, a proceeding may simultaneously be commenced and concluded by the issuance of a consent agreement and final order pursuant to 40 C.F.R. § 22.18(b)(2) and (3). Pursuant thereto, this Consent Agreement and Final Order (CAFO) simultaneously commences and concludes this administrative proceeding against Respondent. 4. Section 309(g)(2)(A) of the Clean Water Act, 33 U.S.C. § 1319(g)(2)(B), authorizes the assessment of administrative penalties against any person who violates any NPDES permit condition or limitation in an amount not to exceed $10,000 per day for each day of violation, up to a total penalty amount of $25,000. 5. Pursuant to the Civil Monetary Penalty Inflation Adjustment Rule, 40 C.F.R. Part 19, and Section 309(g)(2)(A) of the Act, 33 U.S.C. § 1319(g)(2)(A), any person who has violated any NPDES permit condition or limitation between January 12, 2009 through November 2, 2015 is liable for an administrative penalty not to exceed $16,000 per day for each day of violation up to a total penalty amount of $37,500, and for violations which occurred after November 2, 2015, and which are assessed after August 1, 2016, an administrative penalty not to exceed $20,628 per day for each day of violation, up to a total penalty amount of $51,570. 6. Pursuant to Section 309(g)(4)(A) of the Act, 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45(b), EPA is providing public notice and an opportunity to comment on the Consent Agreement prior to issuing the Final Ord...

STATUTORY AND REGULATORY AUTHORITY. EPA takes this action under the authority of Section 309(g)(2)(B) of the Act, 33 U.S.C. § 1319(g)(2)(B), for violations of Section 301(a) of the CWA, 33 U.S.C. § 1311(a) and Section 404 of the Act, 33 U.S.C. § 1344.

STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Sections 313 and 328 of EPCRA, 42 U.S.C. §§ 11023 and 11048, EPA promulgated Toxic Chemical Release Reporting: Community Right-to-Know regulations at 40 C.F.R. Part 372. 2. Section 313(a) of EPCRA, 42 U.S.C. § 11023(a), requires owners or operators of a facility subject to the requirements of Section 313(b) of EPCRA to submit annually, no later than July 1 of each year, a Toxic Chemical Release Inventory Reporting Form, EPA Form 9350-1 (hereinafter, “Form R”), for each toxic chemical listed under 40 C.F.R. § 372.65 that was manufactured, processed, or otherwise used during the preceding calendar year in quantities exceeding the toxic chemical thresholds established under Section 313(f) of EPCRA, 42 U.S.C. § 11023(f), and 40 C.F.R. §§ 372.25 and 372.28. If an owner or operator determines that the alternative reporting threshold specified in 40 C.F.R. § 372.27 applies, the owner or operator may instead submit an alternative threshold certification statement that contains the information required under 40 C.F.R. § 372.95 (“Form A”). Each Form R or Form A (hereinafter, referred to together as “TRI Forms”) must be submitted to EPA and a designated state authority. 3. Section 313(b) of EPCRA, 42 U.S.C. § 11023(b), and 40 C.F.R. §§ 372.22 and 372.30 provide that owners or operators of facilities that have 10 or more full-time employees; that are in a Standard Industrial Classification (“SIC”) code or North American Industry Classification System (“NAICS”) code set forth in 40 C.F.R. § 372.23; and that manufactured, processed, or otherwise used a toxic chemical listed under 40 C.F.R. § 372.65 in a quantity exceeding the established threshold during a calendar year, must submit TRI Forms to EPA and the state authority for each of these substances for that year. 4. Section 325(c)(1) of EPCRA, 42 U.S.C. § 11045(c)(1), the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended through 2016 (“FCPIAA”), and the FCPIAA’s implementing regulations as promulgated and updated by EPA at 40 C.F.R. Part 19 (most recently at 85 Fed. Reg. 83818, 83821 (Dec. 23, 2020)), together authorize the assessment of civil administrative penalties of up to $59,017 for each violation of Section 313 of EPCRA that occurs after November 2, 2015. Pursuant to Section 325(c)(3) of EPCRA, 42 U.S.C. § 11045(c)(3), each day that an EPCRA Section 313 violation continues constitutes a separate violation.

STATUTORY AND REGULATORY AUTHORITY. 9. Pursuant to Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), owners and operators of stationary sources producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, have a general duty, in the same manner and to the same extent as 29 U.S.C. § 654, to (a) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (b) design and maintain a safe facility taking such steps as are necessary to prevent releases; and (c) minimize the consequences of accidental releases which do occur. This section of the CAA is referred to as the “General Duty Clause” or “GDC.” 10. The term “extremely hazardous substances” under the GDC includes any chemical, alone or in combination, which may, as a result of short-term exposures associated with releases to the air, cause death, injury, or property damage due to the chemicals’ toxicity, reactivity, flammability, or corrosivity.1 Pursuant to Section 112(r)(1) of the CAA, the term includes, but is not limited to, substances listed under Section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3) and in 40 C.F.R. § 68.130. In addition, the release of any substance that causes death or serious injury because of its acute toxic effect or as a result of an explosion or fire or that causes substantial property damage by blast, fire, corrosion or other reaction would create a presumption that such substance is extremely hazardous.2 Under Section 112(r)(3) of the CAA, the term “extremely hazardous substances” also includes, without limitation and in addition to the substances listed in 40 C.F.R. § 68.130, those substances listed in 40 C.F.R. Part 355, Appendices A and B, published under Section 302 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”), 42 U.S.C. § 11002. 1 Senate Committee on Environment and Public Works, Clean Air Act Amendments of 1989, Sen. Report No. 228, 101st Congress, 1st Session 211 (1989). 2 Id. 11. The term “accidental release” is defined by Section 112(r)(2)(A) of the CAA, 42 U.S.C. § 7412(r)(2)(A), as an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. 12. The term “stationary source” is defined by Section 112(r)(2)(C) of the CAA, 42 U.S.C. § 7412(r)(2)(C), in pertinent part, as any buildings, structures, equipment, installations, or sub...

STATUTORY AND REGULATORY AUTHORITY. 4. In 1976, Congress enacted RCRA, amending the Solid Waste Disposal Act, to regulate hazardous waste management. RCRA Subtitle C, 42 U.S.C. § 6921 et seq., empowers EPA to identify and list hazardous wastes. It also authorizes EPA to regulate hazardous waste generators, transporters, and the owners and operators of hazardous waste treatment, storage, and disposal facilities. EPA has promulgated federal regulations to implement RCRA Subtitle C, which are set forth at 40 C.F.R. Parts 260-270. 5. Section 3006 of RCRA, 42 U.S.C. § 6926, allows EPA to authorize states to administer and enforce the RCRA hazardous waste management program in lieu of EPA. The Territory of American Samoa has not applied for or received authorization to implement the RCRA program, and therefore EPA directly implements RCRA in American Samoa. 6. Sections 3002(a) and 3004(a), 42 U.S.C. §§ 6922 and 6926, authorize the EPA Administrator to promulgate regulations applicable to generators of hazardous wastes and to owners and operators of hazardous waste treatment, storage, and disposal facilities. The EPA Administrator has promulgated such regulations at 40 C.F.R. Parts 260, 261, 262, 264, 265, 266, 268 and 270. Respondents violated regulations promulgated pursuant to RCRA Section 3002(a), 42 U.S.C. § 6922(a) (standards applicable to generators of hazardous waste), and RCRA Section 3004(a), 42 U.S.C. § 6924 (standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities). 7. “RCRA requires a permit for the ‘treatment,’ ‘storage,’ and ‘disposal’ of any ‘hazardous waste’ as identified or listed in 40 C.F.R. part 261 … Owners and operators of hazardous waste management units must have permits during the active life … of the unit.” 40 C.F.R. § 270.1(c). The regulations provide an exemption from this requirement for “persons who own or operate facilities solely for the treatment, storage, or disposal of hazardous waste excluded from regulations under this part by 40 C.F.R. § 261.4 or 262.14 (very small quantity generator exemption).” 40 C.F.R. § 270.1(c)(2)(iii). The regulations state that “noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in 40 C.F.R. parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of ...

STATUTORY AND REGULATORY AUTHORITY. Nothing in this MOU is intended to alter, limit, or expand the Partners’ statutory and regulatory authority. Nothing in this MOU is intended to hinder, limit, restrict, or delay the exercise of any Partner’s statutory and regulatory authority, including, but not limited to HDOA’s authorities under §§ 141-3, 141-3.5, 141-3.6, 150A-5, 150A-6.1, 150A-9.5, 150A-11 , 150A -11.5, 150A - 14, and 150A-53, HRS, DLNR’s authorities under HAR § 13-124, and the HISC authority under 194-2, HRS.

STATUTORY AND REGULATORY AUTHORITY. 9. The purpose of Section 112(r) of the CAA and its implementing regulations is “to prevent the accidental release and to minimize the consequences of any such release” of an “extremely hazardous substance.” 42 U.S.C. § 7412(r)(1). 10. Section 112(r)(1) of the Act is referred to as the “General Duty Clause” or the “GDC.” Pursuant to the GDC, owners and operators of stationary sources producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3) of the Act, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, have a general duty, in the same manner and to the same extent as 29 U.S.C. § 654, to: (a) identify hazards that may result from accidental releases of such substances using appropriate hazard assessment techniques;