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United States v. SCM Corp.

ELR Citation: ELR 20073
Nos. No. R-85-09, 667 F. Supp. 1110/26 ERC 1586/(D. Md., 09/01/1987) Ruling on liability

The court rules that civil penalties under §113(b) of the Clean Air Act (CAA) are available for violations occurring prior to the issuance of a notice of violation (NOV), and that the CAA places the burden of proving each day of a continuing violation on the government rather than requiring the alleged violator to demonstrate compliance....

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