Title: Governmental Process in ENV
1Governmental Process in ENV
2Government 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.
3What are laws?
- Called statutes or acts
- Restraining standards that govern society
- Enacted with the goal of creating a better society
4Two 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)
5Public 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
7Private 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
8Other 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
9Three branches of U.S. Government
10Executive 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
11Legislative Branch
- Makes amends laws
- Appropriates funds to enact legislation
12Judicial Branch
- Examine Laws
- Interpret laws through court cases
- Assure laws are justly applied
13Supreme 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
16Rules 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
17Federal 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
18Regulatory Numbering System
- Title 40CFR
- Part 260
- Section 4
- Paragraphs (a)(1)(ii)
- i.e. 260.4(a)(1)(ii) of 40CFR
19EnforcementMonitoring Compliance
- Compliance Evaluation Inspection (CEI)
- Can be routine
- Follow complaints or tips
- Result from referrals from other agencies
20Freedom 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
21The 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
22Enforcement Actions
- List of steps available for enforcement
- Administrative Enforcement Actions
- Civil Actions
- Criminal Actions
23Administrative 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
24Civil 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)
25Criminal 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)
27National 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
28Federal 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
29Federal 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
30Safe Drinking Water Act
- SDWA - 1974
- Establishes federal standards for drinking water
quality and protects underground sources of water - Enforced by the EPA
31Resource 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)
32Federal 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
33Comprehensive 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
34Asbestos Hazard Emergency Response Act
- AHERA
- EPA certifies asbestos inspectors and requires
certain procedures for asbestos abatement in
school buildings
35Toxic 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
36Marine Protection, Research, and Sanctuaries Act
- Ocean Dumping Act
- EPA and the Coast Guard limit the type and
location of any ocean dumping
37Occupational 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
38Atomic 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)
39Hazardous Materials Transportation Act
- HMTA - 1975
- Regulates the handling and transportation of
hazardous materials - Enforced by the Department of Transportation (DOT)