Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Court Upholds USEPA Emergency Order
Trinity American Corporation owns and operates a polyurethane foam plant in North Carolina. The top layer of Trinity's land contains an aquifer allowing groundwater to flow downstream. Thus, any contaminants dumped on Trinity's property that migrate to this aquifer would ultimately travel west‐ southwest away from the property. A second lower aquifer carried water in a less certain way, although the two were interconnected. Prior owners of Trinity's property had regularly emptied vats of solvent wastes on the ground. Trinity also engaged in extensive dumping and waste mismanagement. About 100 homes in the area drew their well water from water migrating from the Trinity aquifers. USEPA issued an emergency order under the Safe Drinking Water Act (SDWA) requiring Trinity to test all water supply wells in that area every 90 days until the contaminant levels were under permitted federal regulations. When the wells exceeded maximum safe levels, Trinity was required to provide safe drinking water until USEPA determined that the contaminant levels were safe. Trinity sought review of the order. The appellate court rejected Trinity's contention that USEPA cannot rationally find imminent and substantial endangerment requiring prompt emergency action because no evidence existed that anyone was actually drinking contaminated water. The court said the SDWA does not require such evidence, and all that USEPA needs to issue an emergency order is information that a contaminant, which is likely to enter an underground source of drinking water, may imminently and substantially endanger the health of people who may use the water system. The court dismissed the petition for review of the order.
Court Upholds USEPA Emergency Order
Trinity American Corporation owns and operates a polyurethane foam plant in North Carolina. The top layer of Trinity's land contains an aquifer allowing groundwater to flow downstream. Thus, any contaminants dumped on Trinity's property that migrate to this aquifer would ultimately travel west‐ southwest away from the property. A second lower aquifer carried water in a less certain way, although the two were interconnected. Prior owners of Trinity's property had regularly emptied vats of solvent wastes on the ground. Trinity also engaged in extensive dumping and waste mismanagement. About 100 homes in the area drew their well water from water migrating from the Trinity aquifers. USEPA issued an emergency order under the Safe Drinking Water Act (SDWA) requiring Trinity to test all water supply wells in that area every 90 days until the contaminant levels were under permitted federal regulations. When the wells exceeded maximum safe levels, Trinity was required to provide safe drinking water until USEPA determined that the contaminant levels were safe. Trinity sought review of the order. The appellate court rejected Trinity's contention that USEPA cannot rationally find imminent and substantial endangerment requiring prompt emergency action because no evidence existed that anyone was actually drinking contaminated water. The court said the SDWA does not require such evidence, and all that USEPA needs to issue an emergency order is information that a contaminant, which is likely to enter an underground source of drinking water, may imminently and substantially endanger the health of people who may use the water system. The court dismissed the petition for review of the order.
Court Upholds USEPA Emergency Order
01.06.1999
1 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
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