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Daily Penalty Assessed for Violation of Monthly Average
This article discusses a court case in which penalties were assessed for violations of National Pollutant Discharge Eliminations System permit limits. A Virginia processor of pork products repeatedly discharged waste that exceeded acceptable levels for several pollutants into the Pagan River in Virginia. Many of the excessive discharges were violations of monthly average limits, for which measurements were made on the basis of a limited number of samples taken during the month. The trial court treated each monthly average violation as if it were a series of daily violations, with one for each day of the month in question. In an appeal, the company argued that the trial court had erred in treating each violation of a monthly average limit as equivalent to a daily violation for each day of that month. The appellate court affirmed the civil penalty.
Daily Penalty Assessed for Violation of Monthly Average
This article discusses a court case in which penalties were assessed for violations of National Pollutant Discharge Eliminations System permit limits. A Virginia processor of pork products repeatedly discharged waste that exceeded acceptable levels for several pollutants into the Pagan River in Virginia. Many of the excessive discharges were violations of monthly average limits, for which measurements were made on the basis of a limited number of samples taken during the month. The trial court treated each monthly average violation as if it were a series of daily violations, with one for each day of the month in question. In an appeal, the company argued that the trial court had erred in treating each violation of a monthly average limit as equivalent to a daily violation for each day of that month. The appellate court affirmed the civil penalty.
Daily Penalty Assessed for Violation of Monthly Average
1986-11-01
1 pages
Article (Journal)
Electronic Resource
English
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