Shore Protection Act of 1987: Joint Hearing Before the Subcommittees on Environmental Protection and Hazardous Wastes and Toxic Substances of the Committee on Environment and Public Works, United States Senate, One Hundredth Congress, First Session on S. 1751 ... November 4, 1987, Том 4U.S. Government Printing Office, 1988 - 147 страници |
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Страница 69 - State with respect to such a standard or limitation, or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator.
Страница 69 - Sec. 505. (a) Except as provided in subsection (b) of this section, any citizen may commence a civil action on his own behalf — (1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution...
Страница 69 - ... except that if the conviction is for a violation committed after a first conviction of such person, punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both.
Страница 69 - States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
Страница 49 - Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment...
Страница 58 - person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
Страница 69 - ... the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by— (1) an act of God; (2) an act of war; (3) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant...
Страница 69 - ... order. Such hearing shall not be subject to section 554 or 556 of title 5, United States Code, but shall provide a reasonable opportunity to be heard and to present evidence.
Страница 3 - US SENATOR FROM THE STATE OF NEW JERSEY Senator BRADLEY. Thank you very much, Mr. Chairman.
Страница 69 - ... facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section.