40 C.F.R. §300.415 - Removal action
| Cite as | 40 C.F.R. §300.415 |
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106 cases
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Carson Harbor Village, Ltd. v. Unocal Corporation, Case No. CV 96-3281 MMM (RCx) (C.D. Cal. 10/29/2003), Case No. CV 96-3281 MMM (RCx).
...The NCP requires that a party undertaking a removal action conduct a removal site evaluation and review current site conditions. See 40 C.F.R. § 300.415(a). It directs that the propriety of the contemplated removal action then be evaluated, considering several factors, including the actual ......
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Aviall Services, Inc. v. Cooper Industries, LLC, Civil Action No. 3:97-CV-1926-D.
...relations requirements ... are intended to promote active communication [with] communities affected by discharges or releases."); cf. 40 C.F.R. § 300.415(n) (contemplating publication of notice in a "major local newspaper"). At the same time, it should not be defined so broadly as to includ......
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W.Va. State Univ. Bd. of Governors ex rel. W.Va. State Univ. v. Dow Chem. Co., Civil Action No. 2:17-cv-3558
...CERCLA contamination, for conducting removal of the contaminants, and for selecting appropriate remedial actions. See 40 C.F.R. §§ 300.410, 300.415, 300.420, 300.430. The federal authority may allow the owner or operator of a contaminated facility or any other potentially responsible party ......
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U.S. v. Jg-24, Inc., No. CIV.00-1483(RLA).
...sample was sufficient for the April 1999 soil sampling at the J & G Site was not inconsistent with the National Contingency Plan.14 (40 C.F.R. Part 300) 188. Several of the soil samples had arsenic levels greater than 3 times the level in the soil background sample. One of the locations whe......
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2 firm's commentaries
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EPA Issues Draft Interim PFAS Guidelines For Public Comment
...be "any appropriate removal action to abate, prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release." 40 CFR 300.415(b). On a case-specific basis, EPA may need to take action because of combinations of chemicals, chemical-specific factors, unusual site-specifi......
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EPA Issues Draft Interim PFAS Guidelines for Public Comment
...be "any appropriate removal action to abate, prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release." 40 CFR 300.415(b). On a case-specific basis, EPA may need to take action because of combinations of chemicals, chemical-specific factors, unusual site-specifi......
5 books & journal articles
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The Supreme Court Opens a Door in ARCO v. Christian, Part Two
...is on the NPL, removal actions can be carried out at any site, both NPL and non-NPL ( see 40 C.F.R. §300.425(b)(1) (2020)); see also 40 C.F.R. §300.415(b)(1) (2020)). As to what is fund money, funds obtained in a settlement with a PRP and placed into a special account based on CERCLA §122(b......
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Appendix 22 Revised Model Settlement Agreement and Order on Consent for Removal Actions
...6 months exists, EPA shall require the performance of an Engineering Evaluation/Cost Analysis (“EE/CA”) as required by the NCP at 40 C.F.R. § 300.415(b)(4).] 16. Health and Safety Plan. Within __ days after the Effective Date, Respondents shall submit for EPA review and comment a plan that ......
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The Site Cleanup Processes
...was further broadened in 1980, with the passage of CERCLA, to address responses to the release of hazardous substances and, thus, 8. 40 C.F.R. §300.415(b)(5). 9. Id. ; see also 42 U.S.C. §9604(c)(1). 10. See 42 U.S.C. §9604(a)(1); 42 U.S.C. §9601(24) (“he terms ‘remedy’ or ‘remedial action’......
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Appendix 5 Issuance of CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser
...and federal laws and regulations, except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 9621(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). In accordance with 40 C.F.R. § 300.415(j), all on-Site actions required pursuant to this Agreement shall, to the extent practicable, as determin......
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