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Environmental Natural Resources Law

Oregon Environmental Law Handbook (State Environmental Law by Thorgrimson, Shidler, Gates & Ellis, Staff Preston

By Thorgrimson, Shidler, Gates & Ellis, Staff Preston

Written via one of many nation's prime environmental legislations organisations, this guide presents concise, easy-to-understand reasons of your nation compliance responsibilities. you will get whole insurance of damaging and sturdy waste disposal; air, water, and average assets laws; the kingdom organizational constitution; required allows and reviews; the connection among federal and nation rules; and extra.

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The Clean Water Enforcement Act required the 88 Department to adopt a civil penalty policy and the NJDEP is prohibited from compromising below 50 percent of the penalty assessment calculated pursuant to the policy or the statutory minimum whichever is greater. Where a penalty is assessed and is neither paid nor appealed within 30 days, interest accrues on the unpaid amount. Finally, the statute requires an alleged violator to post financial security in the amount of the penalty in order to appeal a penalty 89 determination either judicially or administratively.

117 In 1968, the Legislature provided by statute that the governing body of any municipality may establish, by ordinance, an environmental commission for the protection, development, and use of the natural resources located within the municipal boundaries. The statute sets forth the functions, duties, and powers of an environmental commission as well as the procedures for creating the commission. In addition, the governing bodies of two or more municipalities are authorized to create a joint environmental commission for the protection, development, or use of natural resources located within their combined territorial limits.

4(~). A. 1. A. 13:lE-9(c). A. A. A. A. 11 et sea. A. A. A. 58:lOA-10(a)(l), (b). Note that the NJDEP apparently lacks authority to use Administrative Orders to enforce the Spill Compensation and Control Act. New Jersey Environmental Law Handbook 72 correction incurred by the State, and assessment of compensatory damages. Third, the Department may levy a civil administrative penalty in amounts generally ranging from $10,000 73 to $50,000 per violation depending upon the statute and regulation violated.

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