Enforcement and Reporting Flashcards
7 cards from real Environmental Compliance Inspector practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Enforcement and Reporting flashcards as text
Under CERCLA, which legal doctrine makes certain parties liable for the full cost of cleanup regardless of their percentage contribution to contamination?
Answer: Joint and several liability
CERCLA imposes joint and several liability on PRPs, meaning any single liable party can be required to pay for the entire cleanup regardless of fault percentage.
What is the purpose of an Administrative Order on Consent (AOC) in CERCLA enforcement?
Answer: A voluntary agreement between EPA and PRPs to perform or fund cleanup work
An AOC is a negotiated settlement where PRPs voluntarily agree to conduct or finance cleanup, avoiding unilateral orders or litigation.
Which provision of the Clean Air Act allows EPA to assess penalties of up to $37,500 per day per violation without going to court?
Answer: Administrative penalty authority under CAA Section 205
CAA §205 grants EPA administrative penalty authority to assess per-day penalties for certain violations through administrative proceedings rather than civil litigation.
When reviewing a facility's inspection history, an inspector notes the same violation has occurred three times in five years. How should this pattern affect enforcement response?
Answer: It warrants escalated enforcement and higher penalties due to repeat violation history
Repeat violations are an aggravating factor in EPA penalty policy, justifying higher penalties and more stringent enforcement to deter continued noncompliance.
Under NPDES, what is the consequence of a facility operating after its permit has expired and no timely renewal application was submitted?
Answer: The facility is in violation and subject to enforcement for unpermitted discharge
Operating after permit expiration without a timely renewal application constitutes an unpermitted discharge, exposing the facility to enforcement action.
Which of the following is a key difference between a civil enforcement action and a criminal enforcement action under environmental law?
Answer: Civil actions seek monetary penalties or injunctive relief; criminal actions can result in imprisonment
Civil enforcement seeks fines and compliance orders; criminal enforcement can result in imprisonment, higher fines, and requires proof beyond a reasonable doubt.
What is the role of a 'special master' sometimes appointed in complex environmental consent decrees?
Answer: An independent court-appointed expert who oversees and reports on compliance with the decree's requirements
A special master is appointed by the court to independently monitor compliance with complex consent decrees and report findings back to the judge.