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RCRA: HAZARDOUS WASTE MANAGEMENT John Smith operates a private airport and maintenance refueling in a local community. The EPA accuses Smith of RCRA violations for the following operations at his airport. Evaluate which of the following categories of waste are and are not subject to RCRA jurisdiction and enforcement. Explain briefly. a. Barrels of commercially purchased poisons for future use in pest control. b. Barrels of used waste oil from changing the oil in airplanes? internal combustion engines. c. Unauthorized storage of nuclear fuel for a special type of airplanes, which use the fuel in the propulsion system. d. Overflows of sewage from the cesspool at the airport. e. Discharge of dirty water, created from washing airplanes that dock at the airport. This dirty water, which contains oil and grease, is discharged through an outflow pipe into a nearby river; the pipe has an NPDES permit issued by the state on behalf of the EPA, pursuant to the Clean Water Act. f. RCRA-listed hazardous chemicals, including solvents, used in the aircraft parts degreasing and cleaning vats until the chemicals evaporate, as well as old oily rags that are thrown in the shop trash barrels after being used to wipe airplanes parts in the degreasing process. THE SUPERFUND A client of yours calls to inform you that he has discovered a number of potential environmental problems at his commercial property. He solicits your legal advice regarding his responsibilities under CERCLA. He first informs you that he has discovered asbestos-containing insulation flaking off heating pipes in his building. He wants to know if CERCLA applies. a. Before advising your client, analyze if CERCLA covers his asbestos problem. Define the terms facility, release and environment as it applies to this particular problem. b. Is there an obligation to inform the EPA of this release? c. If your client indicates that he has also discovered a pool of liquid near several drums of hazardous substances that he has on-site, what are the notification/reporting requirements and how soon must he act? Would you advise him to report or to undertake additional activities?


Paper#12762 | Written in 18-Jul-2015

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