Environmental laws that come from Europe will continue to apply for the time being. The pollution control authority may issue further regulations relating to the duty to provide notification pursuant to the first paragraph. U.S.C. If you wish to receive content from a website which is neither controlled nor sponsored by DEQ or the Commonwealth, please contact the host of that website directly. general health and welfare (, Requirement that states develop strategies for toxics cleanup in waters where the application The group consists of representatives of the authorities involved and other persons appointed, and its task is to coordinate the efforts of the various authorities to deal with accidents. As regards the duty to pay interest on late payments, and the repayment and recovery of waste management fees, the provisions of sections 26 and 27 of the Act of 6 June 1975 No. for the purpose of water quality unless certain conditions are satisfied (33 the Department of Interior which had been administered through the Federal Water Quality Date: 13/03/1981
If the person responsible does not take adequate measures, the municipality concerned shall take steps to deal with the accident. Waste disposal permits required of counties, municipalities and public corporations. The provisions of this chapter apply to pollution damage that: Damage that does not come within the geographical scope set out in the first paragraph nevertheless comes within the scope of this chapter to the extent that the Norwegian law of damages shall be applied pursuant to the choice-of-law rules otherwise applicable. The pollution control authority shall also be responsible for monitoring waste management. For decisions made by the municipality, section 28, second paragraph, of the Public Administration Act is applicable, except in the case of decisions made pursuant to section 47, where the county governor is the appeals instance. Orders pursuant to the first and second paragraphs may be laid down by regulations or in individual cases.
If sanitary waste water is led through a sludge separator to a waste water treatment plant, the pollution control authority may require the sludge separator to be disconnected.
For pollution from individual means of transport, the provisions made in or pursuant to the Product Control Act, the Road Traffic Act, the Seaworthiness Act, the Harbour Act, the Aviation Act and the Railways Act apply instead of the provisions of this Act. Nor do the provisions of section 7, second paragraph, cf.
Mailing Address: EPA was authorized to applicable water quality standards (33 Guidance documents are available on the Virginia Town Hall website. recommendations for a comprehensive national program for the preservation, study, use and The pollution control authorities are as follows: The King will determine which pollution control authority may make decisions pursuant to the Act.
927; P.L. quality requirements for pollution control equipment and a requirement that such equipment must not be sold without being approved by the pollution control authority. 87-88) stipulated that Federal agencies consider during the planning for any reservoir, storage to regulate streamflow for the purpose of water quality control (33 U.S.C. When implementing measures pursuant to the first and second paragraphs, the pollution control authority may make use of and if necessary cause damage to the property of the person responsible.  Texas v. Pankev, 441 F.2d 236 (10th Cir., 1971). to the original statute. As a Texas court noted, any corruption of water which prevents its use for any of its reasonable purposes is an infringement of rights of riparian owners.. occurs outside the areas mentioned in litra (a), if the damage is caused by an incident or activity within Norwegian sea or land territory. View Department of Environmental Quality Expenses, Virginia Pollutant Discharge Elimination System Permit Program. the damage or nuisance caused by the pollution proves to be significantly greater than or different from that anticipated when the permit was issued. 1311 - 1313 and 33 U.S.C. The Gene Technology Act applies to the release of genetically modified organisms and the disposal of such organisms as waste. Claims may be submitted for necessary costs incurred by a private organization or the like to be covered from the amount awarded.
 Garland Grain Co. v. D-C Home Owners Improvement Assn.. 393 SW2d 635 (Tex. Instructions may also be issued on the exercise of authority and on the delegation of authority pursuant to sections 83 and 84. 92-50, July 9, 1971; 85 Stat. The federal courts had jurisdiction because the case was a dispute between states and it concerned navigable rivers. 97-357), Modification of effluent limitations relating to biochemical oxygen demand and pH (P.L. The pollution control authority will issue further regulations relating to the duty to send notification. Village of Watsonville v. SCA Services, 426 N.E.2d 824 (1981). According to the draft, all entities and individuals must prevent soil pollution, and will be held accountable for damage caused. other than oil as hazardous substances. P.O. The duty of the municipality pursuant to this paragraph does not apply if another person has duties pursuant to the first paragraph or to section 36. Pollution that cannot be prevented or recycled should be treated in an environmentally safe manner whenever feasible; and 4. Inventory by December 31, 1981 (, Authority for the Corps of Engineers to issue general permits on a state, regional, or national The appeals board shall have three members. For your convenience, water guidance documents are also available on DEQ's website. 87-88, July 20, 1961; 75 Stat. Waste disposal permits required of counties, municipalities and public corporations. the damage or nuisance can be reduced without unreasonable cost to the polluter. The municipality shall have waste storage sites or waste treatment and disposal plants for household waste and sewage sludge and has a duty to receive such waste and sludge. This page provides an overview of specific laws on water pollution.
The pollution control authority may issue further regulations on the implementation of measures pursuant to the first and second paragraphs. The pollution control authority may by regulations or individual decision lay down that investigations and analyses carried out in accordance with decisions made pursuant to this Act shall be carried out in the way decided by the pollution control authority or must be carried out by a person approved by the pollution control authority.
In evaluating this, the contribution of the person causing such damage to the pollution damage, the type and extent of the said person's activities and other circumstances shall be taken into account.
If the facility or operations may result in pollution after closure or stoppage, the pollution control authority shall be given reasonable prior notice of this. An application for a permit pursuant to section 11 shall contain any information necessary to evaluate whether a permit should be granted and which conditions should be laid down. App.. 1965). Months after this case, the CWA was passed. Discharge of oil into waters of the state, Water quality standards affected by forest practices. Purchase orders may apply to part of a property or rights to real property.
Public authorities also had causes of action against water polluters, usually through a suit for public nuisance. Any person that has provided assistance pursuant to section 47, first to third paragraphs, and who is not responsible for the pollution is also entitled to remuneration.  In that case, Illinois sued Milwaukee for polluting Lake Michigan, the source of Chicagos water supply, with sewage. Any public authority shall to the extent that it is compatible with its other tasks provide assistance in the event of extensive incidents involving acute pollution. If compensation is claimed from the municipality, or damage has been caused in several municipalities, the claim shall be made by the county pollution control authority pursuant to section 81, first paragraph, litra b. Similarly, efforts shall be made to avoid waste problems. Under such a scheme, companies that complied could not be sued when products were defective and injured people because the government declared the products legally safe. Pollutant Discharge Elimination System (NPDES) to authorize EPA issuance of The pollution control authority may decide that persons other than those mentioned in the first paragraph shall be responsible for operation and maintenance, for instance that the municipality shall be responsible for private installations. The municipality shall arrange for the emptying of small waste water treatment plants such as sludge separators and sedimentation tanks for removal of sludge from sanitary waste water and storm water runoff. 15 or section 6 or 10 of the Water Pollution Act 1This Act has since been repealed. No person may possess, do, or initiate anything that may entail a risk of pollution unless this is lawful pursuant to section 8 or 9 or permitted by a decision made pursuant to section 11. The organizer of a meeting or other arrangement shall arrange for the area to be cleared up as necessary afterwards insofar as this is not the duty of a person that runs facilities such as are mentioned in the first paragraph. compensation for damage, nuisance or losses in regard to other exercising of rights of common pursuant to the provisions of section 58. compensation for loss suffered by an employee because the pollution results in work stoppages or curtailment of operations in an enterprise in which he is employed. 518; P.L.
The duty laid down in this paragraph applies to measures that are in reasonable proportion to the damage and nuisance to be avoided. 93-243, January 2, 1974; 87 Stat. DEQ is authorized to implement a variety of laws and regulations pertaining to water quality and supply (State Water Control Law). The municipality shall provide waste receptacles at excursion spots and other heavily visited areas where waste is likely to be discarded, and shall arrange for them to be emptied. Protection Agency, abolished the Federal Water Quality Administration in the Department of 138 of 1970 Latest Amendment by Law No. pollutants and treatment methods and to assess water quality in the Great Lakes. 1343).
Even if damage or nuisance is permitted pursuant to this Act, such permission does not entail exemption from the duty to pay compensation or the duty to make payments pursuant to the Neighbouring Properties Act. Payment to which the public authorities are entitled pursuant to section 76, first paragraph, may be required irrespective of any agreement, judgment or settlement between the person responsible and other injured parties. At the national level, it primarily addresses the legal position in England, Scotland and Wales.
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