[Effective 12/11/2023] Definitions
| Currency | Current through May 31, 2023 |
| Citation | 40 C.F.R. §300.5 |
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4 cases
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Santa Clarita Valley Water Agency v. Whittaker Corp.
...actions. Carson Harbor Vill., Ltd. v. Unocal Corp., 287 F. Supp. 2d 1118, 1155 (C.D. Cal. 2003) ("Unocal Corp.") (citations omitted); 40 C.F.R. §§ 300.5, 300.430, 300.415. Remediation refers to actions that permanently remedy the harm caused by the release or threatened release of hazardous......
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Benzman v. Whitman
...40 C.F.R. § 300.170. No part of the regulation requires EPA, or any other agency, to take a discrete action.4 Sections 300.400(g)(4) and 300.5 identify and define "applicable or relevant and appropriate requirements," known as "ARARS," used as cleanup standards under CERCLA. None of these r......
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Magnate, LLC v. U.S. Envtl. Prot. Agency
...information and an off-site reconnaissance, if appropriate, to determine if a release may require additional investigation or action." 40 C.F.R. § 300.5. A removal site evaluation of a release identified for possible CERCLA response includes a removal preliminary assessment. Id. § 400.410(a......
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Santa Clarita Valley Water Agency v. Whittaker Corp.
...Remediation refers to actions that permanently remedy the harm caused by the release or threatened release of hazardous contaminants. § 300.5; Unocal Corp., 287 F.Supp.2d at Removal actions are short-term and meant to mitigate any immediate risk or harm caused by hazardous contamination. § ......
3 firm's commentaries
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EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule
...(40 C.F.R. § 110.1; 40 C.F.R. § 112.2; 40 C.F.R. § 116.3; 40 C.F.R. § 117.1; 40 C.F.R. § 122.2; 40 C.F.R. § 230.3; 40 C.F.R. § 232.2; 40 C.F.R. § 300.5 and Appendix E; 40 C.F.R. § 302.3; and finally, 40 C.F.R. § Anthony Cavender function JDS_LoadEvent(func) { var existingOnLoad = window.onl......
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EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction
...requiring section 404 permits) – 40 CFR § 401.11 (EPA regulations for effluent guidelines and standards) • CERCLA/OPA/CWA Regulations – 40 CFR § 300.5 and app. E to part 300, sec. 1.5 (EPA regulations for the National Oil and Hazardous Substances Pollution Contingency Plan (NCP)) – 40 CFR §......
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Can a State Provide Oversight Under a Federal CERCLA Order or Decree?
...“EPA”? When a state undertakes an oversight role, careful litigators should take this issue into account. For more on CERCLA, click hereId. § 300.5. Indeed, the NCP encourages state involvement. Id. §§ 300.500 to .525. So what does that last sentence mean? It was added in response to commen......
3 books & journal articles
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Table of Statutes
...§ 302.8(b): 7.3(1) 40 C.F.R. § 302.8(c): 7.3(1) 40 C.F.R. pt. 300 app. A: 3.1 40 C.F.R. pt. 312: 3.3(5)(a), 10.3(1)(b), 10.3(1)(b) 40 C.F.R. § 300.5: 3.5(1), 12.3 40 C.F.R. § 300.410: 3.5(2) 40 C.F.R. § 312.1: 10.3(1)(b) 40 C.F.R. § 300.410(c)(1): 3.5(2) 40 C.F.R. § 312.20(a): 3.3(5)(a) 40 ......
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§12.3 - Scope of Jurisdiction and Regulatory Authority
...section. 33 C.F.R. §328.3(a) (Corps of Engineers); 40 C.F.R. §230.3(s) (EPA); see also 40 C.F.R. §§110.1, 112.2, 116.3, 117.1, 122.2, 232.2, 300.5, 302.3, 401.11, & 40 C.F.R. pt. 300 (for substantively similar regulatory (1) Federal agencies Under the CWA, federal jurisdiction is broad, par......
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§3.5 - The CERCLA Cleanup Process
...§300.430(a), (d), (e). The RI/FS may be conducted on an entire site or on only part of a site, referred to as an operable unit (OU). 40 C.F.R. §300.5. OUs can be broken down either by geography or contaminated media (for instance, one OU can address all of the groundwater at a site). While ......