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Governmental Process in ENV

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Governmental Process in ENV Government & Environmental Technology Governmental Processes; federal, state & local governments all play a role Practitioners in the ... – PowerPoint PPT presentation

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Title: Governmental Process in ENV


1
Governmental Process in ENV
2
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.

3
What are laws?
  • Called statutes or acts
  • Restraining standards that govern society
  • Enacted with the goal of creating a better society

4
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)

5
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

6
  • 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

7
Private or Civil Law
  • Settles disputes between parties or individuals
  • Governments role is to act as judge
  • Preponderance of evidence is the level of
    evidence for conviction

8
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

9
Three branches of U.S. Government
10
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

11
Legislative Branch
  • Makes amends laws
  • Appropriates funds to enact legislation

12
Judicial Branch
  • Examine Laws
  • Interpret laws through court cases
  • Assure laws are justly applied

13
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

14
  • 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

15
  • 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

16
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

17
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

18
Regulatory Numbering System
  • Title 40CFR
  • Part 260
  • Section 4
  • Paragraphs (a)(1)(ii)
  • i.e. 260.4(a)(1)(ii) of 40CFR

19
EnforcementMonitoring Compliance
  • Compliance Evaluation Inspection (CEI)
  • Can be routine
  • Follow complaints or tips
  • Result from referrals from other agencies

20
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

21
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

22
Enforcement Actions
  • List of steps available for enforcement
  • Administrative Enforcement Actions
  • Civil Actions
  • Criminal Actions

23
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

24
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)

25
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

26
  • Misdemeanors are punishable by a fine and/or
    prison (generally short lt1 year)
  • Those who commit felonies can be imprisoned
    longer
  • But guilt must be proven beyond a reasonable
    doubt (true for all criminal actions)

27
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

28
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

29
Federal Clean Water Act
  • CWA - 1972
  • Restores and maintains the chemical, physical and
    biological integrity of the nations waters
  • Nationwide standards are set for industrial
    discharge and municipal sewage systems by the EPA

30
Safe Drinking Water Act
  • SDWA - 1974
  • Establishes federal standards for drinking water
    quality and protects underground sources of water
  • Enforced by the EPA

31
Resource Conservation and Recovery Act
  • RCRA - 1976
  • Deals with both municipal and hazardous waste
    problems and encourages resource recovery and
    recycling
  • Administered by the EPAs Office of Solid Waste
    and Emergency Response (OSWER)

32
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

33
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

34
Asbestos Hazard Emergency Response Act
  • AHERA
  • EPA certifies asbestos inspectors and requires
    certain procedures for asbestos abatement in
    school buildings

35
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

36
Marine Protection, Research, and Sanctuaries Act
  • Ocean Dumping Act
  • EPA and the Coast Guard limit the type and
    location of any ocean dumping

37
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

38
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)

39
Hazardous Materials Transportation Act
  • HMTA - 1975
  • Regulates the handling and transportation of
    hazardous materials
  • Enforced by the Department of Transportation (DOT)
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