CEA CEA Environmental Law & Enforcement 2 — Questions and Answers
Question 1: Which provision of the Clean Water Act regulates the discharge of dredged or fill material into waters of the U.S.?
- Section 404 (Correct answer)
- Section 402
- Section 303
- Section 311
Correct answer: Section 404
Clean Water Act Section 404 authorizes the Army Corps of Engineers to issue permits for discharging dredged or fill material into U.S. waters and wetlands.
Question 2: What is the key difference between a Notice of Violation (NOV) and a Consent Decree in environmental enforcement?
- An NOV notifies of non-compliance; a Consent Decree is a court-approved settlement (Correct answer)
- An NOV is a court order; a Consent Decree is informal
- An NOV assesses penalties; a Consent Decree only requires monitoring
- An NOV applies only to air violations; a Consent Decree covers all media
Correct answer: An NOV notifies of non-compliance; a Consent Decree is a court-approved settlement
A Notice of Violation formally identifies non-compliance, while a Consent Decree is a judicially enforceable settlement agreement resolving violations.
Question 3: Under RCRA, what classification applies to wastes that exhibit ignitability, corrosivity, reactivity, or toxicity?
- Characteristic hazardous waste (Correct answer)
- Listed hazardous waste
- Universal waste
- Mixed waste
Correct answer: Characteristic hazardous waste
Characteristic hazardous wastes are identified by four properties—ignitability, corrosivity, reactivity, and toxicity—under RCRA Subtitle C regulations.
Question 4: Which EPA enforcement mechanism allows the agency to seek penalties of up to $70,117 per day per violation under the Clean Water Act?
- Class II administrative penalty (Correct answer)
- Class I administrative penalty
- Criminal fine
- Field citation
Correct answer: Class II administrative penalty
Class II administrative penalties under the Clean Water Act allow EPA to assess up to approximately $70,117 per day per violation after formal hearing procedures.
Question 5: What does the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 require facilities to report?
- Annual releases of toxic chemicals via the Toxics Release Inventory (TRI) (Correct answer)
- Spills exceeding reportable quantities
- Hazardous waste generation volumes
- Air permit exceedances
Correct answer: Annual releases of toxic chemicals via the Toxics Release Inventory (TRI)
EPCRA Section 313 requires covered facilities to annually report releases and transfers of listed toxic chemicals to EPA's Toxics Release Inventory (TRI).
Question 6: What legal doctrine holds that a corporation can be criminally liable for environmental violations committed by its employees?
- Respondeat superior (Correct answer)
- Piercing the corporate veil
- Strict liability
- Sovereign immunity
Correct answer: Respondeat superior
The respondeat superior doctrine holds employers, including corporations, vicariously liable for criminal acts committed by employees within the scope of their employment.
CEA CEA Environmental Law & Enforcement 2
Which provision of the Clean Water Act regulates the discharge of dredged or fill material into waters of the U.S.?