Compliance and Enforcement - NISTM - National Institute for 遵守和执行- nistm -国家研究所.pptVIP

Violations Marked Most Often Financial Responsibility Release Detection Response Level Release detection performed once/month Release detection devices tested annually Spill containment, dispenser liners and piping sumps accessible; water and regulated substances removed Records available within 5 working days Required records kept by facility for 2 years Enforcement Process Non-compliance Letter Warning Letter Enforcement Meeting Notice of Violation or Consent Order (if no agreement) (if in agreement) Law suit may be filed if continued non-compliance ELRA On 5/15/01, the Environmental Litigation Reform Act (ELRA) was signed into law ELRA led to changes to 403.121 and 403.131, F.S. Created an administrative penalty authority For sites were the penalty does not exceed $10,000 Penalties as specified in 403.121(3)(g): (Storage Tanks) $5000 1. Failure to empty a damaged storage tank system to ensure a release does not occur until repairs are completed. 2. Failure to empty a damaged storage tank system when a release has occurred. 3. Failure to timely recover free product or failure to conduct remediation. $3000 1. Failure to timely upgrade. Penalties as specified in 403.121(3)(g): (Storage Tanks), continued: $2000 1. Failure to conduct or maintain release detection. 2. Failure to timely investigate a suspected release. 3. Fueling an unregistered tank system. 4. Failure to timely assess or remediate contamination. 5. Failure to properly install a storage tank system. $1000 1. Failure to properly operate, maintain, or close a storage tank system. Penalties as specified in 403.121(4): (General), : $5000 (a) Failure to have Financial Responsibility. $4000 (b) Failure to install, maintain or use a required pollution control device. $2000 (d) Failure to conduct required monitoring or testing. $2000 (d) Failure to conduct release detection. $1000 (e) Failure to submit required notification