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https://enviro.blr.com/environmental-news/EHS-management/EPA-and-multistate-environmental-law-regulations/Is-the-right-person-certifying-environmental-compl#:~:text=Permit%20applications%20submitted%20under%20the%20Clean%20Water%20Act,an%20RCO%20or%20by%20a%20duly%20authorized%20representative.
https://www.epa.gov/cwa-404/clean-water-act-section-309-federal-enforcement-authority
(i) in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury - (i) the person is responsible only for actual awareness or actual belief that he possessed; and (ii) knowledge possessed by a person other than the defendant but not by the defendant …
https://www.venable.com/insights/publications/1999/04/environmental-crimes-bulletin-the-latest-on-the-r
Under the [Clean Water Act], a person is a ‘responsible corporate officer' if the person has authority to exercise control over the corporation's activity that is causing the discharges. There is no requirement that the officer in fact exercise such authority or that the corporation expressly vest a duty in the officer to oversee the activity.
https://www.law.cornell.edu/cfr/text/40/122.22
for the purpose of this section, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who perfoms similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, …
https://www.epa.gov/cwa-404/overview-clean-water-act-section-404
(1) the governor of any state desiring to administer its own individual and general permit program for the discharge of dredged or fill material into the navigable waters (other than those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or …
https://www.slc.ca.gov/wp-content/uploads/2018/07/2016PF-Prevention-Responsible.pdf
– any person holding a position of responsibility and authority in an organization and who possesses the ability to prevent or correct a violation – government can make aprima facie case by demonstrating that the corporate officer’s position provided him or her sufficient responsibility and authority to prevent the wrongdoing, or that the officer …
https://www.elr.info/sites/default/files/articles/23.10145.htm
Consistent with the applicable case law, Congress explicitly incorporated the category of responsible corporate officer into the definition of a "person"42in the penalty provisions of the Clean Water Act (CWA) in 198743and the Clean Air Act (CAA) in 1977.44However, the legislative history of these amendments is sparse at best.
https://www.justice.gov/osg/brief/hong-v-united-states-opposition
whether petitioner was properly convicted as a "responsible corporate officer" for misdemeanor violations of the clean water act, see 33 u.s.c. 1319 (c) (6), where the evidence demonstrated that he controlled the company, exercised the powers of a corporate officer or director even though he avoided being formally identified as such, and was …
https://www.icemiller.com/MediaLibraries/icemiller.com/IceMiller/PowerPoints/Responsible_Corporate_Officer_Webinar_PowerPoint.pdf
A responsible corporate official (RCO) is liable for a company’s violations if the RCO held a position of responsibility, had the ability and authority to prevent the violation, and failed to do so When the doctrine applies, the RCO is strictly and personally liable for both civil and criminal violations The RCO Doctrine icemiller.com
https://www.cga.ct.gov/2002/rpt/2002-R-0704.htm
The principle areas of civil and criminal liability corporate officers and directors face involve fraud and other misconduct in connection with buying or selling securities, and in conducting the corporation's business. For the most part, state and federal jurisdiction overlap. Federal jurisdiction depends on a connection with interstate commerce.
https://enviro.blr.com/environmental-news/EHS-management/EPA-and-multistate-environmental-law-regulations/Is-the-right-person-certifying-environmental-compl
for title v permits and reports, the ro can be either a corporate officer or a person who is responsible for the overall operation of the permitted facility who has received written delegation from a corporate officer and either supervises 250 or more persons or is in charge of $25 million or more in sales or expenditures or receives permission …
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