DCPREZ-0000-06446 - Laserfiche WebLink

Home Browse Search

-- „ u, •f1:,,,,E. !tiANAUt,llt\'T INC. ' 9-18-95 ; 4:18PM ; MI EMD/PROJECT MGMT-DANE CO TREASURER r performance that is equivalent to that required under the otherwise applicable standard, requirement, criteria, or limitation, through use of another method or approach; or (E) with thetState has State notstandard, requirement, criteria, demonstrated the intention to consistent) apply)applied the (ta requirement, criteria, or limitation in similarycircumstancesdat other remedial actions within the State; or (F) in the case of a remedial action to be undertaken solely under section 104 using the Fund, selection of a remedial action that attains such level or standard of control will not provide a balance between the need for protection of public health and welfare and the environment at the facility under consideration, and the availability of amounts from the Fund to respond the other sites which present or may present a threat to health or welfare or the environment, taking into consideration the relative immediacy of such threats. The President shall vublish such findings, together with an explanation and appropriate documentation. (e) Permits and Enforcement. -- (1) No Federal, State, or local permit shall be required for ”, C,__ the portion of any removal or remedial action conducted entirely or,-site, where such remedial action is selected and carried out - mom liance with this section. (2) A State may enforce any Federal or State standard, requ 'rement, criteria, or limitation to which the remedial action is required to conform under this Act in the United states district court for the district in which the facility is located. Any consent decree shall require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with the appropriate Federal and State agencies. Where the parties agree, the consent deco.. -: may provide for administrative enforcement. �Each consent decree shall also contain stipulated penalties for violations of the decree in an amount not to exceed $25, 000 per day, which may be enforced by either the President or the State. Such stipulated penalties shall not be construed to impair or affect the authority of the court to order compliance with the specific terms of any such decree. (f) State Involvement. - 6 Copyright 1995 The Bureau of National. Affairs, Inc.