Decisions of the United States Environmental Protection Agency Volume 2

Decisions of the United States Environmental Protection Agency Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. Excerpt: ...of debris over several days. One of the National laborers testified that Wade did not include any barrels of hazardous waste among those to be hauled.27 In the context of National's substantial compliance concerning the disposal of the 5200 gallons, and in the context of the accidental nature of the dumping incident, I find that National had no intent to dispose improperly of the hazardous wastes at the Knox County Landfill.28 National reasonably exercised its control over the event by directing Harris to the non-hazardous debris which National wished to have hauled and by assigning two National employees to help load the debris. Although the proximity of the construction 25 Transcript at 5. 26 Transcript at 636. 27 James Harris invoked his Fifth Amendment privilege in refusing to testify at the hearing. I agree with the presiding officer that the testimony of Steve Goff, the other National laborer, to the effect that Wade directed them to dispose of barrels improperly, simply is not credible. Initial Decision at 20. 28The reports for the September 21, 1981, and the January 28, 1983, inspections, Complainant's Exhibits 360 and 1, indicate that National had been in compliance with RCRA's container use and management requirements pertaining to transporting drums, including marking, labeling and placard availability. debris to the barrels of hazardous waste may have made this incident somewhat foreseeable, the instructions to the workers were a reasonable precaution intended to effect disposal of only the construction debris. I conclude that National's lack of intent to dispose improperly of hazardous waste supports an additional 25% reduction in the gravity-based penalties. Therefore, the gravity-based penalty of $9500 assessed for each violation is reduced more

Product details

  • Paperback | 432 pages
  • 189 x 246 x 22mm | 767g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236590961
  • 9781236590961