Air Pollution Control Districts and Nuisance A Case Study Cooperation vs. Confrontation.

Slides:

Advertisements

Similar presentations

Purdue University is an Equal Opportunity/Equal Access institution. Getting To Compliance The goal is compliance, not punishment.

Advertisements

The Allegation An allegation may be submitted by : Any Person. An allegation may be filed with the PLSB through: The Department of Education A Public.

OSHA Mock Inspection Are You Ready?. Every establishment covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers.

Dispute Resolution Under the Congressional Accountability Act

A WHOLE NEW WORLD OF SETTLING CASES: PART II Donald Patrick Eckler December 23, 2013.

Administrative Foreclosure A RECOMMENDED MECHANISM TO ADDRESS BLIGHTED AND ABANDONED PROPERTIES WITHIN THE CITY OF HALLANDALE BEACH 1.

CODE ENFORCEMENT AS A REDEVELOPMENT TOOL: YOUR LEGAL TOOLBOX David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol, P.A E. Commercial Blvd., #200 Fort.

THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT: WHISTLEBLOWERS KURT STITCHER LEVENFELD PEARLSTEIN, LLC DRI PRODUCT LIABILITY CONFERENCE APRIL 16, 2009.

Human Rights Ordinance Training. Purpose 1)Overview of Human Relations Ordinance 2)Intent of the Ordinance 3)Protected Classes 4)Stages of the Claims.

Civil Administrative Enforcement of Environmental Laws.

ADEQ Regulatory Process

Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 50 Environmental Law and Land Use Controls Twomey Jennings Anderson’s.

Chapter 51 Environment Law and Land Use Controls Twomey, Business Law and the Regulatory Environment (14th Ed.)

Limited Self-Governance Act Limited Self-Governance Act Act No , “The Alabama Limited Self-Governance Act,” became law on May 26, 2005 Is not.

PUBLIC HEALTH REMEDIES. How do you get people to comply with public health laws? Usually seek voluntary compliance first— educate, persuade. If that doesn’t.

Limited Self-Governance Act

Deborah M. Smith United States Magistrate Judge District of Alaska LAWS AND LAW ENFORCEMENT RELATED TO FRESHWATER ECOSYSTEMS Second Asian Judges Symposium.

Water Conflict: Enforcement and Dispute Mechanisms in Statewide Water Policy E. Vaughn McWilliams.

Module 7 Slide 1 NATIONAL COMMUNICATIONS COMMISSION REGULATORY PRACTICES WORKSHOP MODULE: 7 Enforcement.

Bakersfield City School District April No. Student exclusion from compulsory school attendance is limited to a student being underage or due to.

RIVER RANCH ORGANICS AN ENFORCEMENT ODYSSEY. Parvaneh Byrth Riverside County LEA Phone:

By: Thunderous Silence. Problems When Don asks his superior, Cal Brundage, about air quality in the workplace, the reply is that the workplace is in full.

Sanitary Sewer Overflow Enforcement Options CWEA - September 2008 Mark Bradley Office of Enforcement State Water Resources Control Board.

Water Users’ Workshop – Session March 2007 Dixie Center – St. George, Utah Water Users’ Workshop – Session March 2007 Dixie Center – St.

Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.

IFTA Appeals Process and the Impact of the Commercial Activity Tax (CAT) on the Transportation Industry Sarah Hedman Ohio Department of Taxation Legal.

Michigan Department of Attorney General Open Meetings & Freedom of Information Acts Seminar.

Copyright © 2005 Pearson Education Canada Inc. Business Law in Canada, 7/e, Chapter 3 Business Law in Canada, 7/e Chapter 3 Government Regulation and the.

Introduction to OSHA O ccupational S afety and H ealth A dministration.

Comprehensive Volume, 18 th Edition Chapter 52: Environmental Law and Land Use Controls.

IRSDA Conference What Do the Amendments to Indiana Code Section Mean to You? Kristina Kern Wheeler, General Counsel Ja-Deen L. Johnson, Consumer.

© 2009 Foley Hoag LLP. All Rights Reserved.Presentation Title Final Massachusetts Pharmaceutical and Medical Device Regulations Penalties and Enforcement.

Presented by David P. Schack, Partner June 29, 2006 Insurance Coverage For Multi- State Investigations: Can You Get Your Insurer to Pay for.

Notices to Comply (NTC) and Notices of Violation (NOV) March 22, 2006 Peter Moore Yorke Engineering, LLC x24

CONSIDERATION OF STREAMLINED PROCESS FOR STIPULATED WASTE TIRE HAULER AND WASTE TIRE FACILTY ADMINISTRATIVE PENALTY CASES CIWMB Board Meeting Agenda Item.

MS4 Remand Rule Intergovernmental Associations Briefing September 15, 2015.

1 Enforcement Options and Case Studies Lisa Brown Assistant Counsel for Enforcement Cal/EPA CUPA/UST Conference February 8, 2006 February 8, 2006.

Developing an In-House Air Quality Audit Program March 22, 2006 Judy B. Yorke Yorke Engineering, LLC x25

Significant Provisions Of S MINERS ACT Significant Provisions Of S MINERS ACT Pertaining to Enforcement of all M/NM Mines. New ombudsman within the Office.

WATER COP: Enforcing Stormwater Requirements Karineh Samkian City of San Pablo.

Administrative Law The Enactment of Rules and Regulations.

Introduction The Consumer Protection Act was enacted in Amendments were made in The Act applies to the whole of India except the State of.

Consideration of Approval of New Projects for the Solid Waste Disposal and Codisposal Site Cleanup Program Board Meeting Agenda Item 19 (Revised) January.

Variance Process and Hearing Board IEA Air Committee Meeting – July 2015 Presented by: Jim Dill Sr. Principal Engineer Kleinfelder Tom Rappolt Vice President.

Enforcement What to Expect From the Water Boards, and What to Look for Locally ENTS Workshop August Mark Bradley Office of Enforcement CA State.

Legal Obligations of Charter School Trustees May 2004.

Overview by: Patrick Otsuji - SWRCB Michelle Beckwith - RWQCB.

Anatomy of Environmental Enforcement Actions: Administrative, Civil, and Criminal 2015 Oil & Gas Environmental Conference December 1, 2015 Donald K. Shandy.

42 U.S.C. Section 7418(a), of the federal Clean Air Act “Each department, agency, and instrumentality of the executive, legislative, and judicial branches.

A CONSTITUTIONAL DEFENSE TO EPA ADMINISTRATIVE COMPLIANCE ORDERS Presented to the Annual Legal Conference American Public Power Association San Francisco,

Open Meetings Act & Freedom of Information Act An Overview for the North Oakland County Water Authority.

SUPPLEMENTAL ENVIRONMENTAL PROJECTS. KEY CHARACTERISTICS OF A SEP Projects must improve, protect or reduce risks to public health or environment. Projects.

Evidence and Enforcement Tools For Prosecuting Waste Tire Cases Wendy Breckon CIWMB Senior Staff Counsel

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D. Department of Licensing & Regulatory Affairs Bureau of Construction Codes Keith E. Lambert, P.S.,

Civil Law Civil Law – is also considered private law as it is between individuals. It may also be called “Tort” Law, as a tort is a wrong committed against.

An Introduction to the ABCD For the Casualty Actuarial Society Course on Professionalism Copyright © 2015 American of Academy of Actuaries. All Rights.

California Integrated Waste Management Board 1 Overview of Waste Tire Enforcement Program Georgianne Turner – Program Wendy Breckon – Legal Office Helen.

Water Quality Enforcement Water Board and Department of Fish and Game Staff Training April 2008 Mark Bradley Office of Enforcement.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 48 Environmental.

Problem Locations and the Community Safety Ordinance Presented to the Planning Commission June 14, 2007.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 9 – Financial services Bilateral screening:

1 Nuisance Odor Investigation and Enforcement in the City of Fort Worth October 7, 2008.

Department of Environmental Quality

Florida Real Estate Commission and Florida Real Estate Appraisal Board

Mason County School District

Introduction to Environmental Law

the antitrust administrative proceedings

Liability Under CERCLA

The Cooper Company: Real World Enforcement Discussion

Department of Environmental Quality

Presentation transcript:

Air Pollution Control Districts and Nuisance A Case Study Cooperation vs. Confrontation

Authority of APCO

Authority of Hearing Board

APCO Actions Enforces the District Rules & Regs. Enforces H&S provisions and run state programs. Runs District day to day operations.

Hearing Board Actions May allow source operation violation of rules (Variance). May order a source to comply or shut down (Abatement Order). Hears appeals from APCO actions on permits.

Checks and Balances Internal: –APCO Enforces – Governing Board hires/fires APCO. –APCO Acts – Hearing Board Reviews –Hearing Board Grants/Denies – Governing Board Appoints. External: –APCO and/or Hearing Board Acts – CARB & USEPA Review. –Governing Board Adopts/Amends – CARB & USEPA Review. –Governing Board Adopts/Amends – Court Reviews. –Hearing Board Grants/Denies – Court Reviews

Nuisance – Definition …no person shall discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property” (41700, MDAQMD Rule 402)

Nuisance – What is it? Discharge of something into the air. Causes nuisance to a considerable number of persons or the general public. –Nuisance is often dependant upon location and population density.

Nuisance – Enforcement Options Private suits Abatement Action Permit Conditions Permit Denial APCO direct enforcement (Notice of Violation)

General Considerations Issues involved in “shutting down” an operating facility. Adversarial proceedings always take longer than co-operative negotiations. Fixing underlying problems is not easy or cheap.

Private suits Must have direct impact to bring. Need a private attorney. Adversarial process. Takes a long time (years) Often no obligation of facility to “fix” problem before judgment.

Abatement Action Official Request to Hearing Board from APCO. –Complaint requesting a “fix” or cease operating. –Requires noticed, public hearing. If source doesn’t comply with Abatement Order District must sue to enforce.

Permit Conditions Imposed upon permitted source. Appealable to Hearing Board w/in 30 days. Hearing w/in 30 days of request. Hearing Board decision appealable to Superior Court.

Permit Denial APCO may deny to issue/renew a permit/ Appealable to Hearing Board – 30 day statute of limitations. Hearing w/in 30 days after request. Hearing Board decision appealable to Superior Court.

Notice of Violation (NOV) Notice To Comply (NTC) Issued for alleged violation of rule, reg or H&S Code. –Time to fix problem is negotiated with APCO. –Settlement and Fine amounts calculated after problem is fixed. If problem not fixed or fine amount not negotiated District can sue to force the fix and get a fine.

Nutro Products Started Up in April 2006 Complaints started in May NTC Issued Attempted fix with Chimney NOV issued Compliance Agreement (Installation of RTO)

Milestones in Compliance Agreement Finalize plans for building modifications – 3/15/08 Complete building modifications – 9/15/08 Complete fabrication of RTO and ship to Victorville – 9/15/08 Complete installation of RTO – 11/31/08 Startup and test RTO – 12/31/08

After Installation Complete Assess effectiveness of control. Issue Settlement Offer APCO negotiates Final Settlement (Penalty) with Company.

Conclusions Cooperation works faster than punitive actions Permit appeal pending Final settlement at end of the year