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. 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 the City of Xxxxxx-Xxxxx, Pennsylvania (Xxxxxx-Xxxxx 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)(A), 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 up to and through the present 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. 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 Order. In addition, pursuant to Section 309(g)(1)(A), EPA has consulted with the Pennsylvania Department of Environmental Protection (PADEP) regarding this action, and will mail a copy of this document to the a...

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 (“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 (together, “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 and 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 toxic chemicals listed under 40 C.F.R. § 372.65 in quantities exceeding the established thresholds during a calendar year must submit a TRI Form to EPA and the relevant state authority for each of those toxic chemicals. 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. 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 agencies and Cooperating Agencies pursuant to NEPA and implementing regulations.

STATUTORY AND REGULATORY AUTHORITY. CAA 9. Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), states that the purpose of Section 112(r) and its implementing regulations is “to prevent the accidental release and to minimize the consequences of any such release” of an “extremely hazardous substance.” 10. 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.” 11. The extremely hazardous substances listed pursuant to Section 112(r)(3) include, among others, anhydrous ammonia. 12. 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. 13. 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 substance-emitting stationary activities, located on one or more contiguous properties under the control of the same person, from which an accidental release may occur. 14. The term “have a general duty in the same manner and to the same extent as section 654 of title 29 [of the U. S. Code]” means owners and operators must comply with the General Duty Clause in the same manner and to the same extent as employers must comply with the Occupational Safety and Health Act (“OSH Act”) administered by the Occupational Safety and Health Administration (“OSHA”). Section 654 of the OSH Act provides, in pertinent part, that “[e]ach employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” and “shall comply with occupational safety and health standards promulgated under this act.” 29 U.S.C...

STATUTORY AND REGULATORY AUTHORITY. EPA takes this action under the authority of Sections 311(b)(6) of the CWA, 33 U.S.C. § 1321(b)(6).

STATUTORY AND REGULATORY AUTHORITY. 1. In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act (“Act”) in response to findings that low-level lead poisoning was widespread among American children, that pre-1980 American housing stock contains more than three million tons of lead in the form of lead-based paint, and that the ingestion of lead from deteriorated or abraded lead- based paint is the most common cause of lead poisoning in children. Among the stated purposes of the Act is ensuring that the existence of lead-based paint hazards be considered in the rental and renovation of homes and apartments. To carry out these purposes, the Act added a new section to TSCA, entitled Subchapter IV – Lead Exposure Reduction, which includes TSCA Sections 401-412, 15 U.S.C. §§ 2681-2692. 2. In 1998, EPA promulgated regulations to implement Section 406(b) of TSCA (Lead Hazard Information Pamphlet – Renovation of Target Housing), 15 U.S.C. § 2686(b), and those regulations are set forth at 40 C.F.R. Part 745, Subpart E (commonly referred to as the “Pre-Renovation Education Rule” or “PRE Rule”). 3. In 2008, EPA promulgated regulations to implement Section 402(c)(3) of TSCA [Lead-Based Paint Activities Training and Certification – Renovation and Remodeling – Certification Determination], 15 U.S.C. § 2682(c)(3), by amending both the PRE Rule at 40 C.F.R. Part 745, Subpart E, as well as the LBP Activities Rule at 40 C.F.R. Part 745, Subpart L, now commonly referred to as the “RRP Rule.” See 40 C.F.R. §§ 745.100, 745.103, 745.107(a)(1), (a)(2), (a)(4), and 745.113(b)(1)-(6). 4. The RRP Rule sets forth procedures and requirements for, among other things, the accreditation of training programs, certification of renovation firms and individual renovators, work practice standards for renovation, repair, and painting activities in target housing and child- occupied facilities, and the establishment and retention of records to document compliance. 5. Pursuant to 40 C.F.R. § 745.82, the requirements of the RRP Rule apply to all renovations performed for compensation in target housing, as defined in TSCA Section 401(17) and 40 C.F.R. § 745.103, and in “child-occupied facilities,” as defined in 40 C.F.R. § 745.83. 6. Pursuant to Section 401(14) of TSCA, 15 U.S.C. § 2681(14), and 40 C.F.R. § 745.103, the term “residential dwelling” means either a single-family dwelling, including attached structures such as porches and xxxxxx, or a single-family dwelling unit in a structure that contains more tha...

STATUTORY AND REGULATORY AUTHORITY. 1. Pursuant to Section 309(g) of the Clean Water Act (CWA or Act), 33 U.S.C. § l 3 l 9(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, 33 U.S.C. § 131 l (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 the City of Allentown, Pennsylvania (City 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 Pemlits (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.l 8(b)(2) and (3). Pursuant thereto,

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 ...