Authority and Jurisdiction

Question 1

What is the Refuse Act?

Answer 1

• Established in 1899
• Applies to Federally maintained waterways
• Enforced by the Army Corps of Engineers
• Maximum of $25k/day

Question 2

What is the Federal Water Pollution Act(FWPCA)

Answer 2

• 1948(Amended in 1972)
• Attain safe water quality level.
• Primary authority for oil pollution
• The basic authority for accessing property for the purpose of investigation.
• Clean Water Act 1977 created the NRC, pollution prevention regulations, and responsible parties.
• Created the National Contingency Plan
• Established the National Strike Force
• Civil and Criminal Penalties

Question 3

What is a discharge?

Answer 3

• 40 CFR 116.3

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Question 4

What is a navigable waterway?

Answer 4

• 40 CFR 110.1

Question 5

What is a harmful quantity?

Answer 5

• 40 CFR 110.3

Question 6

What are the five elements?

Answer 6

• Discharge
• Harmful Quantities
• Navigable Waterway
• Known Source
• RP

Question 7

What is MARPOL 73/78?

Answer 7

International Convention for the Prevention of Pollution from Ships

Question 8

What are the four goals of RCRA?

Answer 8

“Cradle to Grave”

• Protect human health and the environment
• Converse energy and natural resources
• Reduce or eliminate hazardous waste
• Ensure waste is managed

Question 9

What are the three programs of RCRA?

Answer 9

• Managing solid waste
• Managing hazardous waste
• Managing underground storage tanks.

Question 10

When was CERCLA enacted?

Answer 10

• 1980

Question 11

What enabled revisions of the NCP?

Answer 11

• CERCLA

Question 12

What is the NCP?

Answer 12

• National Contingency Plan
• Guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants.

Question 13

What is CERCLA?

Answer 13

• Gives the government the ability to respond to and clean up hazardous waste sites and spills.
• 1980
• No penalty for the spill itself as long as the Responsible party makes the proper notifications.
• Civil, Criminal, and Judicial Penalties

Question 14

What is the primary hazardous substance tool?

Answer 14

• CERCLA

Question 15

What is the Superfund Amendment Authorization?

Answer 15

• 1986
• Raised the superfund spending to $8.5 billion
• Redefined release to include drums and barrels.
• Created the Community Right to Know Act and required MSDS

Question 16

What is OPA 90?

Answer 16

• Amended the FWPCA
• Oil Spill Liability Trust Fund
  
  • 33 CFR 133 and 33 CFR 136
• Created the National Pollution Funds Center
• Created industrial oil taxes
• Allowed the Federal On-scene Coordinator to designate RPs and issue Administrative Orders.