Environmental Response, Compensation, And Liability Act

There are three main federal statutes that can be applied to this situation. The statutes are: 1) Clean Water Act (CWA), 2) Oil Pollution Act (OPA) and, 3) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Clean Water Act CWA  § 402 In order to violate Section 402, a plaintiff must prove that the defendant discharged a pollutant into navigable waters from a point source without a permit. Given that Mr. Bankfiend was an investment banker and had no knowledge or experience in running a hotel or a fishing outing business, it seems that he did not apply for a NPDES permit. Also, the given facts do not show that he had applied for such permit. So, it is assumed from these details that Mr. Bankfiend was†¦show more content†¦The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Also, the point source need not be the original source of the pollutant and it embodies the broadest possible definition of any identifiable conveyance. In the case of the second project, the timbers and the gasoline filling station are the point sources of the leaching chemicals and the gasoline leak since these are how the respective pollutants were conveyed to the Middle Fork. Through this analysis, it can be concluded that the first project (entrance hall expansion) is not in violation of Section 402 because it does not discharge into a navigable water. However, the second project (gasoline filling station) does discharge pollutants (timber chemicals and gasoline) from a point source (timbers and filling station) to a navigable water (Middle Fork River). CWA  § 404 In order to be in violation of Section 404, there needs to be discharges of dredged or fill materials into navigable water. There are some exemptions located in Section 404(f)(1) that pertain to farming, maintenance, and construction. But, theShow MoreRelatedEnvironmental Response, Compensation, And Liability Act1628 Words   |  7 Pagesconnection with each of the two restoration projects discussed above? There are three main federal statutes that can be applied to this situation. The statutes are: 1) Clean Water Act (CWA), 2) Oil Pollution Act (OPA) and, 3) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Clean Water Act CWA  § 402 In order to violate Section 402, a plaintiff must prove that the defendant discharged a pollutant into navigable waters from a point source without a permit. Given thatRead MoreThe Comprehensive Environmental Response, Compensation, and Liability Act1444 Words   |  6 PagesThe Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 has proved to be one of the most important environmental protection programs of all time. Also known as Superfund, this act spawned dramatic changes to the environment of the United States. Superfund aimed to cleanup hazardous waste sites in America and protect the health and safety of the general public. Over the years, the Superfund legislation has authorized the government to aid in the cleanup of toxicRead MoreComprehensive Environmental Response, Compensation, And Liability Act Analysis790 Words   |  4 PagesIV. Comprehensive Environmental Response, Compensation, and Liability Act In the late 1970s, the contamination of the Love Canal neighborhood in New York with numerous toxic chemicals inspired creation of a comprehensive statute to handle issues of contamination, the cleanup and compensation liability that stem from contamination, and the resulting health risks. CERCLA developed a framework of strict financial liability for contamination from spills, dumping, or any spreading of a wide range of dangerousRead MoreOverview Of The Comprehensive Environmental Response, Compensation, And Liability Act727 Words   |  3 Pagesestablishment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Congress enacted several acts to protect the public and the environment from hazardous toxic wastes. The 1976 Resource Conservation and Recovery Act (RCRA) established authority for controls over hazardous waste generation and disposal. (Resource, Conservation and Recovery Act (RCRA) and Federal Facilities, 2017) Subsequently, the 1976 Toxi c Substances Control Act (TSCA) granted the EPA authority toRead MoreWhat Is The Implementation Of PPP In The Compensation System1566 Words   |  7 PagesImplementation of PPP in the liability and compensation regime is seen through adequate reference to mechanisms such as compulsory insurance and compensation funds whereby a ship owner is required to constitute a fund with the Court for the total limit of his liability to avail the benefit of limitation , and maintain compulsory insurance certified by the appropriate State authority for any ship carrying more than 2,000 tons of oil . 3.1.2 Loss of Right to Limit Liability There is very narrow scopeRead MorePpp Essay1309 Words   |  6 Pagesclaims for compensation and the highest possible coverage of the PPP depends largely on the interpretation of the regime by national courts as they are not barred from the application of the National environmental laws along with international standards, in deciding admissibility . The Prestige oil spill (2002) is a classic example of full implementation of the PPP by the Spanish Supreme court. This section explains the implications of implementing the PPP to full extent in the liability and compensationRead MoreEthics and Corporate Responsibility1588 Words   |  7 Pagesfire them without following the right procedure. For the three of them none has violated or breach the work contract they are just advocating for their rights such as: Donna irrespective of having a good attendance record she’s fire for asking for compensation for her ailment while Tom is fire for filling a complaint with OSHA an organiza tion that caters for better working conditions and health of employees such as; protective gears while working and also a medical cover in case of on duty accidentsRead MoreEssay On Management Of Hazardsous And Non-Hazardous Wastes1123 Words   |  5 PagesManagement of Hazardous and Non-Hazardous Wastes. Our main discussions on this topic were Resource Conservation Recovery Act (RCRA), Comprehensive Environmental Response, Compensation Recovery Liability Act (CERCLA) and Brownfields. We also discussed on blog posts, and their implication in our communities. Conservation Recovery Act (RCRA) is administered under the federal Environmental Protection Agency (EPA). It is designed to provide safe handling and containment of hazardous and non-hazardous wastesRead MoreEthics and Corporate Responsibility1691 Words   |  7 PagesProfessor Weekley November 23, 2014 Ethics and Corporate Responsibility The stakeholders within PharmaCARE are all the individuals and groups that are affected by the company’s decisions. The employees that may suffer from the lack of environmental safety or abuse of the production location allowing the organization to payless to workers for their hard work. The consumers of the organization’s products that may purchase bad goods that cause a negative reaction. The investors and stockholdersRead MoreEthics and Corporate Responsibility in the Workplace and the World1623 Words   |  7 Pagesleast provide them with the essentials of their daily needs like clean water for example. Also, provide them with carriers like wagons where they could carry the plants in and out of the jungle instead of doing it themselves. This would not only be an act of kindness but it would also keep the workers motivated to continue they’re work. If the company is not willing to pay them more than $1.00 per day, they should provide them with other essential s. It is stated that PharmaCARE’s executives, however