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Chemical Waste Management, Inc. v. United States EPA
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Chemical Waste Management, Inc. v. United States EPA : ウィキペディア英語版
Chemical Waste Management, Inc. v. United States EPA
Creating Chemical Waste Management, Inc. v. United States EPA: No. 88-1490 (First Argued March 6, 1989 – Finally Decided September 25, 1992) was a notable United States Environmental Law case involving the required reporting of safety breaches in management facilities along with reporting during interim period and reporting of unknown substances. The case began when Chemical Waste Management, Inc appealed its fine from the EPA for environmental health hazards to the US court in 1989 and appealed it twice.〔(【引用サイトリンク】 work =Environmental Law Reporter )〕〔(【引用サイトリンク】 work =Environmental Law Reporter )〕〔(【引用サイトリンク】 work =Environmental Law Reporter )
==Background==
Congress established the RCRA in 1976 to form an environmental regulation program that allowed for comprehensive involvement and more fluid adjustments to be made especially during interim periods.〔(【引用サイトリンク】 work =United States Court of Appeals, District of Columbia Circuit. )
Chemical Waste Management, Inc was a waste disposal company that was responsible for the safe and environmental management of hazardous materials. At the time there were several environmental safety standards in place enforced by the EPA. The EPA at the time required organizations and companies to make reports directly to the agency of any malfunctions or deteriorations of facilities. In addition in 1988 it established the requirement that facilities must report any materials that had leakages, even of unconfirmed substances, as hazardous materials until testing could further distinguish, and thus should be treated as such. The EPA also required disclosures of leakages and new hazards during interim periods of facilities' operations.〔〔〔
Chemical Waste Management, Inc had an on-site well-check system designed to test for any hazardous material leakage. It had a two part system check, although the EPA at the time had raised this requirement to three checks. Chemical Waste Management was in an interim stage where it had not installed the third check yet, but had not reached the required date of installment yet. Inspectors had found that an unidentified substance had been leaking out of a facility that was unreported and unknown to Chemical Waste Management. Chemical Waste Management failed to report these inspection findings of this interim period to the EPA.〔〔〔
When the EPA eventually found out about these violations, it fined the Chemical Waste Management for improper hazardous waste disposal. The fines were not significantly large, as the supposed violations had only been occurring for a short interim period. However, the EPA could fine firms and organizations up to $25,000 a day for the violation.〔〔〔
Chemical Waste Management believed that these fines were improper, since: 1. at the time the leakage substance was not considered hazardous, and 2. Chemical Waste Management had been on schedule to update its safety precautions.〔〔〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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