For instance, the current (baseline) fine per violation is $37,500 per day. Now, if a company has a year or so of violations, the negotiated settlement might be significantly less than 365 X 37,500, but maybe not, depending on the egregiousness of the violation - and whether the action of the violation is criminal or civil. Most cases involving penalties are appealed and then these may go to district court or to an administrative law judge or panel of judges.
USEPA fines are not hard and fast numbers. Most in the laws are set at "up to" amounts, usually $25k per violation per day. The minimum is just a letter of reprimand. However, the reality is most fines are set by agreement and rarely end up in court. USEPA still works mostly on the fix it and don't do it again idea. In the case of leaking oil, if you clean up the stream and fix any problems, there would be a minimum fine. Burning leaves is usually a local fine and can be as little as a form letter to not do it again. Real fines only kick in if you keep doing the polluting act and the $25k number usually is used.
Remember, USEPA fines, unlike the drunk driving example, are not LEGAL fines, but result from regulatory agreements of the parties involved. Nobody admits to breaking any LAW, just the regulation. Very rarely do these things ever go to court and rarely are there LEGAL penalties. It works really more like a Home Owner's association.
@ Sagebrush : collecting rainwater . What BS - the man diverted a small river and built 3 dams holding 13 million gallons of rainwater and snow runoff. It violated a 1925 Oregon law
It has nothing to do with EPA
More misleading nonsense from the denier industry
Very haphazardly. I knew a fellow that was put out of business because of a pint of antifreeze. I knew of a man that was put in prison for inadvertently driving a nail through a refrigeration line. I saw an article on Sixty Minutes where a man went to prison for blacktopping his land.
Here is one man who was put in jail for collecting rainwater on his own land.
http://cnsnews.com/news/article/oregon-m...
Just ask any lawyer and he will tell you, "It depends on the roll of the dice."
Your assumption of making it up as they go is cleaner than I would put it. They pull it out of a rear portal.
Rainforest: That is an example of fines and our court system. I could have a very strong Constitutional argument that the rain water on a person's land is his own. That is another issue. Stick to the subject matter.
If you want ask a question, I will happily be able to fill you in on that subject. Only we are limited to only about 750 words which doesn't begin to cover the subject of the insanity of our legal system.
I'm no expert, but i think the fees are determined by politics, lobbyist, and corporate corruption.
I would say more but I'm afraid I might end up in Guantanamo bay.
http://www.epa.gov/enforcement/documents...
There are so many laws that the EPA enforces, but I can not seem to find any statutes of fines. Examples: What is the penalty of you vehicle leaking oil in a stream? What is the fine for burning leaves in your back yard? If you drink and drive there is a minimum of fines or jail that is published, but I can not seem to find anything regarding the EPA. Do they make it up as they go?
