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  • Posted by philosophercat 8 years, 8 months ago
    Most State agencies I am familiar with have an enforcement division which handles violations. The citizen complaint is investigated and a report is issued internally for approval by a senior official usually the head of enforcement. Before that is issued the report will go to the legal department for internal review and be returned to the head of enforcement or head of the EPA for action.
    The key is a citizen report of violation starts an internal process which is set by law.

    If you reported a violation like Colo to the EPA and they did not initiate this process then you would go to the Inspector general of the EPA and file a complaint about the EPA. By using outside counsel and reporting everything on a lawyers letter head you guarantee an action will be taken even if its not one you want. That is key because once they act and report the action you can sue in court and create a real public accounting of the situation. I did this last year and got extraordinary results that may lead to legislative redress against the State agency.
    Good luck. PS it doesn't hurt to have a press conference and upload a video either that you have demanded the EPA respond to your request. The driving force is the letter from the lawyer. You write the letter and find an attorney who will rewrite it on their stationary with changes of course. This could also be an IJ case as well.
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  • Posted by ewv 8 years, 8 months ago
    EPA is tied to the Army Corp of Engineers at the Federal level. Many state agencies with names like 'department of viro protection' enforce the regulations when a state has an agreement with the Federal government to enforce state regulations that include and are even stricter than EPA requirements.

    Bureaucracies like this are very complex, arcane, arbitrary and out of control, and as their power continues to grow they enforce and harass with assumption of authority they often don't have. Agency politics, entrenched activists in the civil service, and political appointees play a big role in interpretation, mixing politics, ideology, and legality.

    You should get an expert explanation of exactly what you want from one of the property rights public interest law foundations like PLF. There may be a very straightforward answer for what you need for your purpose properly identifying characters in the novel with plausible titles and functions.
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  • Posted by Zenphamy 8 years, 8 months ago
    If they operate like OSHA, MSHA, EEOC it's the local field inspector that identifies the violation that issues the citation, but it moves up for determination of the amount of the fine. I think that field inspectors are GS10 or above (?)
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  • Posted by $ rockymountainpirate 8 years, 8 months ago
    http://www2.epa.gov/aboutepa/epa-orga...
    fbo.gov (fedbizops site)
    opm.gov should give you all the jobs available in the government.
    Probably the lowest job would be a GS 2 or 3 clerk. If you search the epa.gov site for careers you get an error message.
    Is this what you needed?
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    • Posted by dbhalling 8 years, 8 months ago
      Thanks. I found that. I was looking for more at the say regional office level. What would the title of someone issuing a wetlands violation be? I think in my research they would be an Environmental Protection Specialist.
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      • Posted by wiggys 8 years, 8 months ago
        is there a description of what an environmental protection specialist from the government is?
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        • Posted by dbhalling 8 years, 8 months ago
          Sort of.
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          • Posted by wiggys 8 years, 8 months ago
            okay, what training does one go through to become a specialist, and who does the training and where did that person get his training from?
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            • Posted by dbhalling 8 years, 8 months ago
              The description was very vague, suggesting a college degree but not in anything in particular.

              Here is job opening for an environmental protection specialist at the National Park Service (I did not see any at the EPA)

              DUTIES:
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              Oversees preparation, internal review, public involvement and review process for all environmental compliance documents. Oversees review of all non-NPS environmental documents that have a bearing on the Park programs. Functions as an environmental specialist who manages all aspects of compliance processes and environmental documentation for the Park. May act as project manager or team leader for preparation of environmental documents for projects that can potentially affect park resources and values.
              Provides or coordinates with other specialists in obtaining technical and policy analysis of complex external proposals potentially affecting parks and other areas of NPS jurisdiction and prepares comments on NPS position. Advises and keeps supervisor informed of sensitive issues and NPS concerns regarding external proposals. Participates in policy development, development of recommendations, and implementation of proposed actions associated with environmental impact studies and special projects.
              Area Information:
              Lewis and Clark National Historic Trail (the Trail) was established by Congress in 1978 as a component of the National Trails System. The National Park Service administers the Trail in partnership with many Federal, State and local agencies, private organizations, and private landowners. This site commemorates the heroic expedition of the Corps of Discovery, led by Captains Meriwether Lewis and William Clark. Today the Trail follows that route as closely as possible and is approximately 4,600 miles long. The office is located near the Old Market District in downtown Omaha. Housing in the Omaha metropolitan area, which includes Council Bluffs, Iowa, is plentiful and moderately priced for rental or purchase. Public, private and parochial education opportunities abound. Colleges, universities, technical and business schools, hospitals, churches, and most other amenities are readily available. The mean temperature is 50 degrees, with 87 degrees being the average summer high and 16 degrees the average winter low. Various recreational opportunities are abundant in the area.

              QUALIFICATIONS REQUIRED:
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              All qualifications must be met by the closing date of this announcement, Monday, August 24, 2015.

              Qualifying experience may be obtained in the private or public sectors. http://www.opm.gov/qualifications

              One year of specialized experience equivalent to the GS-9 level in the federal service. Examples of qualifying experience include: Assisting in the management of federal, state, tribal, and county orders, ordinances, statutes, laws and regulations, directives and policies involving National Environmental Protection Act (NEPA) and underlying laws including Endangered Species Act (ESA) 7, National Historic Preservation Act (NHPA) 106 and 110, Wilderness Act, Clean Air Act (CAA) and Clean Water Act (CWA). I have experience assisting in the administration of compliance documentation in an ecologically diverse park experiencing a broad range of activities from resource monitoring to large scale construction. I engage in oral and written consultation with pertinent public, private, and professional agents, as well as other federal, state, and tribal agencies in facilitation of project implementation and program development regarding NEPA related compliance programs on a daily basis. I utilize my experience with Microsoft Excel, PowerPoint, Word, and other developed systems in the development, maintenance and administration of required NEPA related tracking, recordkeeping and administrative file and record systems. I assist in the development, administration, maintenance and presentation of plans and programs including NEPA based training. I utilize my experience in preparing, maintaining, reviewing, managing and administering environmental compliance files, projects, plans and programs. This includes Categorically Excluded actions, NHPA 106 and 110 and ESA 7 consultations and documentation, Records of Decision (RODs) and preparing, administering or managing other related environmental plans or programs as they may relate to diverse projects.
              OR
              A Ph.D. or equivalent doctoral degree, or I have 3 full years of progressively higher level graduate education leading to such a degree or LL.M. (Master of Law) that is directly related to the occupation such as Environmental Science, Environmental Policy, or Natural or Cultural Resource fields (for example, Ecology or Biology, Historic Preservation or Archeology). Note: Applicants who are qualifying on the basis of their education must submit a copy of their school transcripts. Transcripts do not need to be official.
              OR
              A combination of successfully completed graduate level education beyond the second year and some specialized experience that together meet the qualifications requirements of the position. Note: Applicants who are qualifying on the basis of their education must submit a copy of their school transcripts. Transcripts do not need to be official
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              • Posted by wiggys 8 years, 8 months ago
                kh, thank you for your effort. if I didn't know better I would think this was a joke (which it is) but what I do know is that you couldn't make this up.
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  • Posted by $ nickursis 8 years, 8 months ago
    Khalling, I went through all this myself, for the last 5 years. Our neighbor had 300 alpacas on 3 acres, never picked up any manuer. I can send you some pics but it was horrible. Went to the state and they have 4 or 5 regions, each has 2-3 of the Water Quality Specialists and Leader. One is water, one is land/CAFO( Confined Animal Feeding) and one does both usually. They reported to central command in Salem, who reported to Secretary Of Ag. The EPS person takes a report you submit, and does an intial investigation, which, if indicates there is an issue, then results in a field Investigation, where they actually get a court order to go on the property (if the landowner is not cooperative, if they are, then they skip that) and take samples of water, dirt and "other" stuff. EPA in oregon does not do business below superfund level, they have handed it all to the State. You cannot get an EPA person to do anything in Oregon, unless it is Haz waste dumping or chemical related, then they have state do whatever and escalate if needed. That is a quick look at my adventure, and I can say, 3 warnings and a 900 fine was all that happened over 4 years. They are a useless lot. But here is their website:

    http://www.oregon.gov/ODA/programs/Na...

    and:
    http://www.oregon.gov/ODA/programs/Na...

    Notice they use a lot of duplicate names for people in both areas, and they fight each other (they had a battle between CAFO (the guy had 300 animals confined, and no disposal system, which is what they are there for), and Water (the poop released e coli off the scale to the point it ate the road away with the nitric acid released from the decomposition) so Water won, then decided they could show it went in the stream behind. What a total farce it was. Then the Judge at the nuisance trial, decided that 200 photos and 8 witnesses wasn't enough to say there was a nuisance, but gave us 138K in damaged for pain and suffering and diminished value. That was because the County Commissioners told her she couldn't as it would have opened the door into 500 more lawsuits for identical behavior. We learned you just do not want to bother with them, especially when you have a 74 yo disbarred felon ex-lawyer from California as the culprit, as he delayed it for 4 years over and over. But he did get 3 felony convictions to add to his collection for animal abuse.
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