Business Law 101 / More Federal Environmental Laws

By Albert L. Kelley, P.A.

The Safe Drinking Water Act (1974)- This law was designed to protect the quality of drinking water throughout the United States. It authorizes the EPA to set safe purity standards and to require all operators of public water systems to meet certain health related standards.

The Toxic Substances Control Act (1976)- Known as TSCA, this Act gives the Environmental Protection Agency the authority to track over 60,000 industrial chemicals that are made or imported to the United States. It governs over the manufacture, use and disposal of these chemicals. If the EPA determines that the chemicals present too great a danger, they may ban their manufacture or importation. The Act also allows the EPA to review other chemicals and add them to the list of dangerous chemicals if they deem necessary.

The Resource Conservation and Recovery Act (1976)- Passed along with the TSCA, RCRA gives the EPA the authority to control hazardous waste from the day of its creation to the day of its disposal. This includes not only the generation and disposal, but also the transportation, treatment and storage of hazardous waste. The Act also allows the EPA to evaluate underground storage tanks that are used to store petroleum.

Comprehensive Environmental Response, Compensation, and Liability Act (1980)- Most of us know this act by its more common nickname-Superfund. The Act was passed in response to Love Canal, New York; a Niagara Falls suburb that was built on a closed landfill. Seeping hazardous wastes resulted in an increase in deaths, miscarriages and illness. The Act creates a tax on petroleum and other chemical manufactures and allows the money to be used to clean-up sites where hazardous wastes have been located. The Act allows for prohibitions and requirements for hazardous waste sites and penalties for those dumping hazardous wastes. The Act also allows for the development of guidelines and procedures for the disposal of hazardous wastes. As an example, this Act controls the disposal of car batteries and the clean-up of gas station sites where fuel may have leaked into the ground, even if the gas station has been converted to another use.

The Emergency Planning and Community Right to Know Act (1986)- This Act was designed to help local communities protect their citizens from chemical hazards. The Act requires each state to create a State Emergency Response Commission, composed of fire fighters, health officials, local media members, government officials and local citizens to develop plans for emergency situations.

The Pollution Prevention Act (1990)- The PPA is designed to reduce pollution by improving cost effective methods for production, operation and raw materials usage. The Act focuses on conservation by developing practices that create more efficient uses of water, energy and other natural resources.

Federal Food, Drug, and Cosmetic Act requires the proper labeling, manufacture and record keeping of food products, drugs and cosmetic products. It allows for inspection of plants and records, and outlaws false labeling (including trademark infringements), or intentional damage to labeling.

Oil Pollution Act (1990)- OPA strengthened the EPA’s ability to prevent and respond to catastrophic oil spills. The Act creates a tax on oil to create a trust fund for clean-up efforts when the guilty party refuses to clean-up the spill themselves. The Act also requires oil storage facilities and vessels to provide plans to the EPA on how they will respond to large oil spills.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University. He is also the author of “Basics of Business Law” “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord/Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

 

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]