Decisions of the United States Environmental Protection Agency Volume 6

Decisions of the United States Environmental Protection Agency Volume 6

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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: ... issues are purely legal in nature, the Region did not clearly err in denying Arlington's request for an evidentiary hearing on these issues. Town of Seabrook, 4 E.A.D. at 817 (legal issues "cannot themselves provide a basis for an evidentiary hearing, a procedure reserved for factual issues ") Nevertheless, in this appeal, we are authorized to review such legal issues, provided the petitioner demonstrates that review is warranted under 40 C.F.R. S 124.91(a)(1). Id. 13 See Background section, supra. plan, there would have to be specific language in the permit affirmatively contravening the plan. There is none, and for that reason there is no inconsistency between the plan and the permit. We also reject Arlington's argument because it is based upon a misreading of the applicable plan. The plan does not decree that Arlington is entitled to use the Village Creek WTP for its useful life. Indeed, the plan does not indicate that Arlington can expect to use the Village Creek WTP beyond the end of the year 2000, even though the useful life of the facility presumably extends beyond that date. The plan indicates only that Arlington is expected to utilize the Village Creek WTP until the end of the year 2000, which the plan does by explicitly recognizing Arlington's utilization of the Village Creek WTP until that date. 1995 Plan at 1-40.14 The permit is obviously not inconsistent with this reading of the plan, since it makes no mention of Arlington's use of the facility in any respect whatsoever. (Nor does it mention use of the facility by any of the other municipalities with contractual relationships to Fort Worth.) Because the permit and the plan are not inconsistent, there is no merit to Arlington's argument that the permit must contain a "duty more

Product details

  • Paperback | 388 pages
  • 189 x 246 x 20mm | 689g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236511611
  • 9781236511614