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The U.S. Ecology Protection Agency (EPA) can initiate civil and criminal actions confronting against private individuals, businesses, and organizations through enforcement of federal ecology laws. Civil enforcement involves EPA or state-initiated legal action to compel compliance with federal law and may involve fines or penalties leveled against private parties. Criminal enforcement involves criminal investigation and prosecution of deliberate and/or severe violations of federal environmental law. Some violations can event in jail time.[1]

Background

Seal of the United States Environmental Protection Agency.svg

Federal environmental statutes administered past the EPA include provisions to address civil and criminal violations of federal law.[ane]

Civil violations do non accept into account if the violator knew of the violated police or regulation, while criminal violations involve a level of intent. For instance, a knowing violation can include a belch of pollutants into a river without a permit.[ane]

Civil violations are based on the preponderance of the evidence, which includes whether the presented testify is disarming and more likely to be true than not. Defendants in civil suits can be found liable either following a trial or a mutually agreed-upon settlement with the EPA. If establish liable or like-minded to a settlement, a civil defendant may face a monetary punishment or be required to correct the violation.[1]

Criminal violations must be established beyond a reasonable doubt. If bedevilled or after a guilty plea, a violator may confront monetary fines, be required to reimburse the EPA for cleanup costs, or be incarcerated. In all federal environmental laws outside statutes for toxic substances and pesticides, criminal violations are considered felonies.[i]

Enforcement deportment

Civil deportment

Civil enforcement deportment past the EPA tin result in a settlement. A settlement may crave the accused to agree to an EPA order requiring the defendant to perform certain actions to comply with federal law. Civil penalties can include monetary fines and may be increased depending an EPA cess of the possible violation. An injunctive relief is a penalty requiring individuals or groups to perform or refrain from a particular action. For example, a private company may be required to install new equipment to limit air pollutants.[i]

Administrative deportment

The following administrative actions are non-judicial actions taken by the EPA or an authorized land agency:[1]

  • A discover of violation from the EPA or a state agency
  • An administrative order requiring a potentially non-compliant individual, business concern, or private actor to comply with federal ecology standards

Judicial actions

Judicial actions are formal lawsuits brought confronting persons, organizations, or individual bodies for potential violations of federal law, regulation, administrative order, or invoice. Civil judicial actions are filed by the U.S. Department of Justice on behalf of the EPA or a state chaser general office.[1]

Criminal deportment

The EPA or an authorized country bureau can bring a criminal action against persons or entities for violations considered past the EPA or the agency to imply criminal activity. These actions are brought if a violation is considered egregious and/or willful or committed knowingly. Fines or imprisonment can result from these cases if a court conviction is reached.[1]

Criminal penalties

Criminal penalties include federal, state, or local fines. They are imposed in a judicial setting when an individual, organisation, or business is constitute guilty of violating environmental laws as well as the United States criminal lawmaking. Defendants in a criminal case may exist required to pay restitution if their violations negatively afflicted individuals, local governments, organizations, businesses, or individual groups. For instance, a business may be required to pay a local government for the cost of responding to and containing a waste spill. Some defendants may face up incarceration.[one]

Enforcement of federal laws

The EPA and country agencies share enforcement duties nether the Clean Air Deed, Clean H2o Act, and Safe Drinking Water Act, which are described below.

Clean Air Act

See also: Clean Air Act

The Make clean Air Act'due south purpose is "to protect public health and welfare from different types of air pollution acquired by a diverse assortment of pollution sources." According to the U.Due south. Supreme Court, the Clean Air Deed Amendments of 1970 established a division of responsibilities between the EPA and country governments. This sectionalization of responsibilities is known equally cooperative federalism, in which federal agencies set minimum standards that states are left to enforce in their own fashion that is subject to federal approval.[2] [3] [4]

The Clean Air Act states that "air pollution command at its source is the primary responsibility of States and local governments" and that "federal fiscal assistance and leadership is essential for the development of cooperative federal, Land, regional, and local programs to prevent and control air pollution." Under the act, states develop and enforce state implementation plans outlining enforceable, source-specific emissions limits for six air pollutants. These plans are reviewed and canonical past the EPA.[5] [vi]

Clean Water Human action

See also: Clean Water Act

The Clean H2o Act's purpose is "to restore and maintain the chemic, physical, and biological integrity of the Nation'south waters." Federal and state governments share enforcement responsibilities. States are responsible for establishing, reviewing, and revising water quality standards, while the EPA is responsible for reviewing state standards for their adherence to federal requirements.

When authorized by the EPA, state governments enforce the National Pollution Belch Elimination System (NPDES), which requires industrial and municipal sources of pollution to hold permits before pollutants tin can be discharged into navigable waters (waters used for commerce and travel). NPDES permits specify the procedure in which water pollutants may be discharged into navigable waters such every bit lakes, rivers, or streams also every bit the technological features required to limit water pollution.[7] [8]

Land governments also monitor waterways to ensure that bodies of water encounter standards. For waters that do non see quality standards, states use ii additional anti-pollution methods to ensure dumb h2o bodies ultimately meet standards. Showtime, states will set full maximum daily loads (TMDLs), which are the maximum allowable amounts of a pollutant in impaired bodies of h2o. TMDLs are set with the goal of reducing pollution and then a torso of water tin can meet quality standards. 2d, states will divide the maximum allowable amount of a pollutant discharge into an impaired water among various pollution sources.[ix] [10] [xi]

Safe Drinking Water Deed

Come across also: Safe Drinking Water Act

The Safe Drinking H2o Act'due south purpose is to "plant standards and treatment requirements for public h2o supplies, control underground injection of wastes, finance infrastructure projects, and protect sources of drinking h2o," according to the Congressional Enquiry Service.[12] [2]

Enforcement is divided between the EPA and united states of america. The EPA problems national drinking water standards to limit any contaminants that may pose health risks or are likely to exist plant in public water supplies. States take authority to implement and enforce drinking water regulations if they adopt standards that mirror national requirements, adopt adequate enforcement mechanisms, behave water system monitoring, and maintain records and compliance information. As of March 2017, 49 states had primary authority over public water systems.[12] [2]

Recent news

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See also

  • U.South. Ecology Protection Agency
  • State ecology policy pages

Footnotes

  1. ↑ i.0 1.one 1.2 1.3 1.4 1.v ane.6 1.7 i.8 one.9 U.S. Environmental Protection Agency, "Enforcement Basic Information," accessed September 22, 2014
  2. ↑ 2.0 2.ane 2.2 U.S. Ecology Protection Agency, "Clean Air Act Requirements and History," accessed August seven, 2014 Cite error: Invalid <ref> tag; name "summary" defined multiple times with dissimilar content
  3. ↑ American Bar Clan, "Cooperative federalism: Is in that location a trend towards uniform national standards under the Make clean Air Act?" accessed July 22, 2017
  4. ↑ U.S. Senate Environment and Public Works Committee, "Cooperative Federalism," accessed July 2, 2017
  5. ↑ U.S. Senate Environment and Public Works Commission, "Clean Air Act - Full Text," accessed June 11, 2017
  6. ↑ Legal Information Institute, "42 U.S. Lawmaking § 7401 - Congressional findings and declaration of purpose," accessed July 22, 2017
  7. ↑ U.S. Environmental Protection Agency, "NPDES Permit Programme Basics," accessed November 25, 2014
  8. ↑ Congressional Inquiry Service, "Make clean H2o Act: A Summary of the Law," December 15, 2010
  9. ↑ Environmental Protection Agency, "Program Overview: Total Maximum Daily Loads," accessed July 6, 2017
  10. ↑ U.South. Environmental Protection Bureau, "Summary of the Clean Water Deed," accessed January 29, 2014
  11. ↑ U.Southward. Environmental Protection Agency, "NPDES Home," accessed September 23, 2014
  12. ↑ 12.0 12.1 Congressional Research Service, "Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements," March 1, 2017