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Feb 20, 2024
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Sieraa Marquardt Instructor McGrath-Cruz PLG-203-2310 A3 January 7, 2024 Ms. Waster should be informed that the EPA monitors all facilities that have handled or currently handle hazardous waste to ensure compliance with EPA regulations. The inspection process can begin with the compliance evaluation inspection, (CEI) which evaluates the facility’s compliance with RCRA. During this process, the inspector may detail the types of waste on-site, review eports, and observe the facilities operations. They are also required to inspect any places that generate, store, or dispose of hazardous waste. The EPA can also collect samples to analyze but these inspections require planning and coordination from other departments. Another part of the inspection is the comprehensive groundwater monitoring evaluation where the operation, adequacy, and design of the facilities ground water system are evaluated. While only occurring periodically, the operation and maintenance inspection evaluates the functionality of the groundwater monitoring system. During the case development inspection (CDI), information is gathered to support an enforcement action. Should Ms. Wasters be found uncompliant with the regulations, an enforcement action can be taken which could be an administrative, civil, or criminal action. An administrative action is an enforcement taken under its own authority and is formal or informal. Ms. Wasters would be given notice of noncompliance and instructed on how to become compliant during an informal action whereas a formal action is initiated only if Ms. Wasters failed to respond during the informal action; any order imposed during a formal action is legally enforceable. Civil action would only occur if Ms. Wasters failed to comply with requirements or an order. A criminal action could see Ms. Wasters pay fines or face imprisonment but only after she was found to have knowingly violated an order or requirement. The EPA may also issue a compliance order which assesses a civil penalty for violations. In addition to the authority to request information and conduct tests, they can also mandate cleanup. The EPA can use an administrative order to compel Ms. Wasters to correct the issue or
the EPA could sue to have a court order to the same effect. If a threat is found to be an imminent hazard, the EPA can sue Ms. Wasters, either administrative or civil. Either action would require vidence, testimony, physical and documentary to prove that the threat was a substantial endangerment to human health. The RCRA would first require Terrance to get an EPA identification Number; he would be forbidden from transporting hazardous waster until he got his EPA ID Number. It would also require Terrance to comply with EPA’s Hazardous Waste Manifest System which tracks hazardous waste from production to the off-site location as well as obeying all U.S. DOT Regulations as well. If Terrance spills any waste, he would be required to immediately take 3 action to protect human and environmental health. “Hazardous Waste Transportation | US EPA.” Hazardous Waste Transportation, www .epa.gov/hw/hazardous-waste-transportation. Accessed 7 Jan. 2024. RCRA Enforcement and Compliance - U.S. Environmental Protection Agency, www .epa.gov/sites/default/files/2015-09/documents/enforc.pdf. Accessed 7 Jan. 2024
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