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36 Cards in this Set
- Front
- Back
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What year was the Refuse Act passed?
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1899
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What did the Refuse Act do?
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Prohibit the discharge of refuse into US navigable waterways
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What was the exception to the Refuse Act?
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Street Runoff
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What are the punishments of the Refuse Act?
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Criminal: $500 to $2500 and 30 days to one year
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Who enforces the Refuse Act?
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The Army Corp of Engineers
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What does FWPCA stand for?
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Federal Water Pollution Control Act
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What year was the FWPCA passed?
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1972
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What are the two main goals of the FWPCA?
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Safe water quality and to eliminate pollution by 1985
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What did the FWPCA do?
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Prohibit the discharge of oil and hazardous substances in a harmful quantity into the US navigable waterways
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What was created by the FWPCA?
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The National Contingency Plan and the Strike Force
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What are the penalties under the FWPCA?
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Civil of $5000 and criminal of $10,000 for failure to notify or if illegally dumped and one year prison
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Where is the table for FWPCA located?
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40 CFR 117.3
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What does CWA stand for?
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Clean Water Act
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What did the CWA amend?
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The FWPCA
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What year was the CWA passed?
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1977
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What did the CWA do?
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Defined harmful quantity, Established reportable quantity for hazardous substances, Created the 3 11 K fund, Created the National Response Center, and Created the Pollution prevention regulations in 33 CFR 151, 154, 155, and 156
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What does OPA 90 stand for?
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Oil Pollution Act of 1990
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What did OPA 90 amend?
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The FWPCA
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What did OPA 90 do?
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It created the oil liability trust fund, gave the on-scene coordinator the ability to designate the responsible party, defined oil types, created administrative orders allowing a FOSC to compel a responsible party to take specific action, increased the spillers liabilities and responsibilities, allowed state access to oil liability trust fund and allowed third party claims
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What are the penalties under OPA 90?
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Civil $10,000 to $32,500 per day. Criminal 5 to 15 years prison for intentional discharge
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What does CERCLA stand for?
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Comprehensive Environmental Response Compensation and Liability Act
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What year was CERCLA passes?
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1980
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What did CERCLA do?
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Required a person to report and clean up any reportable quantity of hazardous substance released into the environment and created the $1.6 billion superfund and National Priorities List
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What are the Penalties under CERCLA?
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Civil $25,000 per violation per day. Criminal $500,000 and/or 3 years in prison
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What does SARA stand for?
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Superfund Amendment and Reauthorization Act
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What did SARA do?
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Increased the superfund to 8.5 billion, redefined release and response, and created the right to know act
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What are the 5 elements of prosecution?
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Discharge of oil or designated hazardous substance, the source, the responsible party, US navigable waterways, and creating a sheen, sludge, oil film or emulsion or meeting the RQ
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What must happen if private property is entered without the owner present or giving permission?
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Bring local authorities, document entry with photos, and replace any broken locks or windows
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What are the two types of evidence?
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Physical and documentary
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What is the minimum evidence needed to prosecute?
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Witness statement by the Pollution Investigator
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What is the most important document to follow evidence?
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The chain of custody log
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What are the three elements of a NOFI?
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Notice of Federal Interest: Notification, Liability, and Penalty. It is given to every suspected individual
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What are the two defenses to the liability of a Responsible party?
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Caused by an act of God or war, or sole act of omission of third party
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What are the three oil samples?
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Spill, suspected source, and clean water
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What are the four levels of pollution enforecment?
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Warning Letter, Notice of Violation, Class I civil penalty and Class II civil penalty
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What does HAZWOPER stand for?
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Hazardous Waste Operations and Emergency Response
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