Rule Enforcement

The enforcement response poKcy for the TSCA Disclosure Rule is entitled Section 1018—Disclosure Rule Enforcement Response and Penalty PoKcy (December 2007) (the Disclosure Rule ERP). Under this poKcy, the EPA may seek civil penalties, refer a violation for criminal penalties imder TSCA 16, 

Docket No. TSCA-03-2005-0261, Region III (Jan. 1,2009), available at http //yosemite.epa. gov/OA/EAB WEB Docketnsf/ce9f7fe98b59eae28525707a00631c97/ce7d9f02b07e62d-d85257536006b322d OpenDocument. 

Claude E. Walker, Lead-Based Paint Real Estate Not cation and Disclosure Rule, 8 Buff. Envt l. L.J. 65, 73 (Fall, 2000). 

The Disclosure Rule ERP contains a penalty matrix, showing the penalties applicable for each combination of circumstances and extent. Because the nature is the same for aU Disclosme Rule violations the penalties do not vary based on nature. The matrix was drafted when the maximum penalty was 11,000, and so the penalties should be multiplied by a factor equal to the maximum penalty in effect at the time of the violation divided by 11,000. 

The EPA can seek the economic benefit the violator achieved from non-compliance, if the adjusted gravity based penalty is not a deterrent to future violations.  

---

For this purpose, an institution can be defined as a rule-enforcing mechanism. The rules govern the behavior of a well-defined group of persons, by means of external, formal sanctions. The implied contrast here is to social norms, which enforce rules by external, informal sanctions, and to internalized rules. A policeman may fine me if I liner in the park. If there is no policeman around, other people may glare at me. If there are no other people around, my own conscience may be sufficient deterrence. 

Memorandum from Jesse Baskerville, Director, Toxics and Pesticides Enforcement Division, Oftice of Regulatory Enforcement, EPA, Interim Guidance for Enforcing the TSCA 402 Abatement Rule Firm and Lead Abatement Professional Certification Requirements (Mar. 8. 2000) and EPA, Office of Enforcement and Comphance Assurance, Office of Civil Enforcement, Waste and Chemical Enforcement Division. Section 1018 - Disclosure Rule Enforcement Response and Penalty Pohcy (Dec. 2007). 

Section 1018—Disclosure Rule Enforcement Response and Penalty Policy, Dec. 2007, 5 (emphasis added). 

The EPA has brought numerous Disclosure Rule enforcement proceedings. ... 

Disclosure Rule Enforcement Response and Penalty Policy (Dec. 

EPA, Office of Enforcement and Comphance Assurance, Office of Civil Enforcement, Waste and Chemical Enforcement Division, Section 1018—Disclosure Rule Enforcement Response and Penalty Policy (Dec. 2007) Lead Disclosure ERP12-07... 

Are No Smoking rules enforced in areas involving storage... 

On the whole, the police resisted such pressures, holding the view that the beamiks were neither harming anyone nor breaking any particularly important rules. One result of sensitization though, was, in some instances, to narrow the gap between the moral crusaders and the rule enforcers. And in areas far away from the scenes of the Mods and Rockers events — for example, in Devon and Cornwall - the phenomenon was used to justify new control measures against beatniks, beach sleepers and others. 

The courts and the police, as officially designated agents of social control, had to operate in terms of a socially sanctioned role. They could not opt out of this role they had to take some action. Their action was also limited to rule enforcement, rather than the creation of new rules. The fact that these limits were often exceeded, is attributable not to their absence, but to the perceived innovatory aspects of the behaviour itself, sensitization, symbolization and the whole belief system. Rationalizations such as new situations need new remedies accoimt for those elements exclusively directed at the particular deviance being controlled. 

Most injuries can be directly attributed to lack of safe operating procedures, lack of safety-rule enforcement, and insufficient or inadequate training. 

Top/mid-level managers. Measurement at this level includes personal behavior, safety activities, and statistical results, for example, following company safety rules, enforcing safety rules, arranging safety training, and monitoring workers compensation costs. 

Knocking over the first causes a chain reaction that ends in an injury. Heinirch also proposed that 88% of all injuries were caused by unsafe acts, unsafe conditions accoimted for only 10%, and accident reduction could best be accomplished by controlling imsafe acts with safety rule enforcement, discipline, and safety education. 

Mine safety often becomes a confrontation between a rule enforcer and a rule breaker. As such, safety is viewed as compliance with certain safety policies and mandates. One person holds another accountable for at-risk behavior, as in I saw what you did. Safety becomes a gotcha game, one dictated by Mine... 

Human Rights Watch (2011), You Dress According to Their Rules, Enforcement of an Islamic Dress Code for Women in Chechnya. Available at www.hrw.org/ reports/2011/03/10/you-dress-according-their-mles (accessed Apr. 7, 2012). 

NEPAs unique requirement for preparation of EISs has had a dramatic influence on federal agency decision-making, as numerous court rulings enforced strict compliance with the EA procedures for major programs and projects. 

H. Are health and safety rules enforced and violators disciplined ... 

---