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Governmental Process in ENV. Government & Environmental Technology. Governmental Processes; federal, state & local governments all play a role Practitioners in the field of Environmental Technology need to know how to locate, read and understand numerous environmental laws and regulations.
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Government & Environmental Technology • Governmental Processes; federal, state & local governments all play a role • Practitioners in the field of Environmental Technology need to know how to locate, read and understand numerous environmental laws and regulations.
What are laws? • Called statutes or acts • Restraining standards that govern society • Enacted with the goal of creating a better society
Two forms of law in the U.S. • Criminal (public) Law • Civil (private) Law • Divided between laws against society (Criminal Law) and those between individuals (Civil Law)
Public or Criminal Law • Laws providing the basic rules of our system of government • Criminal acts against society • Operation and establishment of administrative agencies • Court cases
Prescribes punishments for violations • Can be subject to interpretation because they are written to cover a broad range of activities • Can include an interwoven body of court decisions, statutes, regulations, policies and procedures that are continually changing • Evidence for conviction must be “beyond a reasonable doubt”
Private or Civil Law • Settles disputes between parties or individuals • Government’s role is to act as judge • Preponderance of evidence is the level of evidence for conviction
Other Important Terms for Understanding Law • Statutory law is written law, the exact wording approved by a legislative body • Case law consists of written decisions made by courts and are used as precedents in making future decisions
Executive Branch • Proposes laws and approves or vetoes laws passed by the legislative branch as well as enforces the laws • Consists of the President and the regulatory and administrative agencies who report to him • The President nominates the heads of the various agencies, who are then accepted or declined by Congress
Legislative Branch • Makes & amends laws • Appropriates funds to enact legislation
Judicial Branch • Examine Laws • Interpret laws through court cases • Assure laws are justly applied
Supreme laws of the land! • No state can enact a law less strict than the federal law • They do have the right to make more restrictive laws
Many states allow citizens to take law making into their own hands through the initiative process or through referendums (Example - Calif. Propositions) • Both require petitions to illustrate voter support before the issue will be placed on the ballot
Congressional statues are found in the US Code or USC • The implementation of the law is carried out by independent agencies of the federal government or state governments • They interpret the law and create regulations to enforce specific compliance requirements
Rules and Regulations are developed by regulatory agencies • EPA • DOT (including the Coast Guard) • Department of Labor including OSHA and the Mine Safety and Health Administration • NRC – Nuclear Regulatory Administration • Department of the Interior including the Fish and Wildlife Service and the Land Management Bureau • Department of Energy
Federal Register System • Announces and publishes rules in two major publications • The Federal Register – FR • Published information on proposed rules, final rules, notices on proposed rule making and meeting notices • The Code of Federal Regulations - CFR • A listing of all the rules published in the FR compiled in a rule book by topic
Regulatory Numbering System • Title 40CFR • Part 260 • Section 4 • Paragraphs (a)(1)(ii) • i.e. §260.4(a)(1)(ii) of 40CFR
EnforcementMonitoring Compliance • Compliance Evaluation Inspection (CEI) • Can be routine • Follow complaints or tips • Result from referrals from other agencies
Freedom of Information Act of 1966 • The public is entitled to any information collected by a governmental agency • Records for environmental assessments can be obtained in this manner or in a more informal manner
The Privacy Act of 1974 • Federal agencies must provide individuals with information pertaining to them • And are required to amend or correct any files that are inaccurate
Enforcement Actions List of steps available for enforcement: • Administrative Enforcement Actions • Civil Actions • Criminal Actions
Administrative Enforcement Action • Least severe action available does not involve the court system • May be an Notice of Violation (NOV), Notice of Deficiency (NOD), or more formal administrative order (w/ public meeting requirement) • Resolution could be by correction of the problem, sometimes accompanied by a fine • Used to force compliance, the taking of corrective action, monitoring, testing and analysis, or to address a threat to human health or environment
Civil Actions Formal lawsuits filed by federal,state or local government attorneys (or private individuals) • Can be used to force compliance • Suspend or revoke permits or authorizations • Impose large penalties • The burden of proof for the plaintiff is only a preponderance of evidence (true for all civil actions)
Criminal Actions • Most severe action available • Can result in fines and/or imprisonment • Result of severe violations such as falsifying evidence or reports, putting another person in imminent danger or illegal disposal of hazardous waste
Misdemeanors are punishable by a fine and/or prison (generally short <1 year) • Those who commit felonies can be imprisoned longer • But guilt must be proven beyond a reasonable doubt (true for all criminal actions)
National Environmental Policy Act • NEPA - 1970 • Requires the preparation of and Environmental Impact Statement (EIS) • Whenever the federal government engages in any activity that may have a negative affect on the environment
Federal Clean Air Act • CAA - 1970, amended 1990 • Protects the public health and welfare from the harmful effects of air pollution • Sets standards for maximum levels of outdoor air pollution, and emission standards for sources • Holds state and local governments responsible for controlling pollution sources
Federal Clean Water Act • CWA - 1972 • Restores and maintains the chemical, physical and biological integrity of the nation’s waters • Nationwide standards are set for industrial discharge and municipal sewage systems by the EPA
Safe Drinking Water Act • SDWA - 1974 • Establishes federal standards for drinking water quality and protects underground sources of water • Enforced by the EPA
Resource Conservation and Recovery Act • RCRA - 1976 • Deals with both municipal and hazardous waste problems and encourages resource recovery and recycling • Administered by the EPA’s Office of Solid Waste and Emergency Response (OSWER)
Federal Insecticide, Fungicide, and Rodenticide Act • FIFRA - 1947, amended 1972, 1974, 1978 • All pesticides must be registered with the EPA, process determines labeling & usage • Reviews labeling and directions for application and sets maximum safe levels for pesticide residue in human and animal foods
Comprehensive Environmental Response, Compensation, and Liability Act • CERCLA “Superfund” - 1980, amended 1986 • Makes owners and operators liable for hazardous waste releases on their property • The act imposes joint and several liability • System for identifying and cleaning up chemical and hazardous materials released into any part of the environment • EPA collects the cost of cleanup from the responsible parties and sets up a fund for cleanup when necessary
Asbestos Hazard Emergency Response Act • AHERA • EPA certifies asbestos inspectors and requires certain procedures for asbestos abatement in school buildings
Toxic Substance Control Act • TSCA - 1976 • System of pre-market notifications if a company wishes to market a new chemical, may require additional testing before the chemical is sold • Also requires testing of some chemicals already on the market, resulting in possible restrictions or a ban by the EPA
Marine Protection, Research, and Sanctuaries Act • Ocean Dumping Act • EPA and the Coast Guard limit the type and location of any ocean dumping
Occupational Safety and Health Act • OSHA - 1970 • Assures safe and healthful working conditions • Develops regulatory standards, keeps records of injuries and conducts training and enforcement programs
Atomic Energy Act • AEA - 1954 • Controls possession, development and use of radioactive materials • Currently enforced by the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC)
Hazardous Materials Transportation Act • HMTA - 1975 • Regulates the handling and transportation of hazardous materials • Enforced by the Department of Transportation (DOT)