• 제목/요약/키워드: Compensation & Liability Act (CERCLA)

검색결과 3건 처리시간 0.016초

해양 공공자연자원 피해보상의 법.경제적 평가 (Compensation for Injury to Publicly Owned Marine Resources : Legal and Economic Aspects)

  • 표희동;이흥동
    • 수산경영론집
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    • 제22권2호
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    • pp.53-74
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    • 1991
  • Interest on ocean environment has increased with the development of industrialized activities. Public marine resorces are defined broadly to include fish stocks, beaches, marine waters, recreational fishing, biota, waterfowls, shorebirds, seabirds and marine mammals But, it is not easy to analyze compensation for injury to publicly owned marine resources because the claimants do not exist clearly and the economic methodology of damage on public goods is not developed fully. This paper introduces basic idea of welfare economic theory and environmental legislation to the research question : How the economics and law can be applied to the case of damage on publicly owned marine resource. The paper discusses the concepts of willingness to pay (WTP) and willingness to accept (WTA). It is accepted generally that WTA is correct concept of welfare change in the case of damaged public goods. Four methods (compensating variation, equivalent variation, compensating surplus, equivalent surplus of measuring welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes are compared. Compensating variation(CV) is the best measure of welfare changes caused by environmental damage. Vartia (1983) showed CV could be measured from the ordinary demand function using the differential equations. This paper also provides an overview of the emerging U.S. and Korea legal system for compensation for natural resource damages, with particular emphasis on U.S. legal system under Comprehensive Environmen-tal Response Compensation and Liability Act (CERCLA). These regulations are to include two different types of standardized procedures for assessing natural resources injury : Type A or simplified assessment techniques for small releases ; and Type B protocols that would include detailed and extensive assessment methodologies for major releases. Type A procedures are specified by Natural Resources Damage Assessment Model for Coastal and Marine Environment (NRDAM/CME) of the U.S. CERCLA provides a legal 'legitimization for the use of economic-based nonmarket valuation in the courts and have introduced appropriate and accurate nonmarket valuation methods based on willingness to-pay for damage assessment. By briefly reviewing economic theory and environmental legislation, we hope to help provide a better understanding of the compensation process and the economics of publicly owned marine resources in the U.S. and to integrate the economics and law of natural resources valuation into a single comprehensive package in Korea.

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미국 환경법의 Imminent & Substantial Endangerment에 대한 이해 및 사례별 분석 (Understanding Imminent & Substantial Endangerment (ISE) in the U.S. Environmental Laws and Analysis on ISE Uses)

  • 정승우
    • 한국지하수토양환경학회지:지하수토양환경
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    • 제14권3호
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    • pp.14-21
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    • 2009
  • 미국 환경법에 규정된 Imminent & Substantial Endangerment(ISE) 조항에 대한 정의, 결정 및 적용사례를 분석하였다. ISE는 행정권자가 현재의 환경오염상황이 인체에 급박하고 실질적인 위해를 가할 수 있는 오염으로 판단할 경우 오염책임자에게 대책을 강구하게 하는 환경오염 상황 및 환경법상의 조항으로 정의된다. 이때의 행정권자의 대책 요구는 권고, 행정명령, 민사소송, 형사소송 등 다양하게 이루어지며 모든 행정 집행 과정에 ISE가 언급된다. ISE의 판단을 위해서는 1) a possible ISE 2) because of actual or threatened release 3) of a hazardous substance 4) from a facility, 네 가지 요소에 대한 명확한 증거가 있어야 한다. 그러나 네 가지 요소에 대한 정의는 매우 광범위하며 유연성을 가지고 있어, ISE 판단은 행정권자의 충분한 자료 확보와 주관적인 판단에 따르는 것으로 나타났다. 또한 ISE 판단은 판단 주체에 따라 차이를 보이지만 공통적인 사항은 매우 상세한 현장조사 결과 및 과학적인 정황에 기인하고 있다. 미국내 ISE 행정명령에 대한 기본 문서 형태 및 내용은 규정되어 있지만 ISE 판단에 대한 구체적인 정량적 기준 및 방법은 정의되어 있지 않았다.

Low Temperature Thermal Desorption (LTTD) Treatment of Contaminated Soil

  • Alistair Montgomery;Joo, Wan-Ho;Shin, Won-Sik
    • 한국지하수토양환경학회:학술대회논문집
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    • 한국지하수토양환경학회 2002년도 추계학술발표회
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    • pp.44-52
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    • 2002
  • Low temperature thermal desorption (LTTD) has become one of the cornerstone technologies used for the treatment of contaminated soils and sediments in the United States. LTTD technology was first used in the mid-1980s for soil treatment on sites managed under the Comprehensive Environmental Respones, Compensation and Liability Act (CERCLA) or Superfund. Implementation was facilitated by CERCLA regulations that require only that spplicable regulations shall be met thus avoiding the need for protracted and expensive permit applications for thermal treatment equipment. The initial equipment designs used typically came from technology transfer sources. Asphalt manufacturing plants were converted to direct-fired LTTD systems, and conventional calciners were adapted for use as indirect-fired LTTD systems. Other innovative designs included hot sand recycle technology (initially developed for synfuels production from tar sand and oil shale), recycle sweep gas, travelling belts and batch-charged vacuum chambers, among others. These systems were used to treat soil contaminated with total petroleum hydrocarbons (TPH), polycyclic aromatic hydrocarbons (PAHs), pesticides, polychlorinated biphenyls (PCBs) and dioxin with varying degrees of success. Ultimately, performance and cost considerations established the suite of systems that are used for LTTD soil treatment applications today. This paper briefly reviews the develpoment of LTTD systems and summarizes the design, performance and cost characteristics of the equipment in use today. Designs reviewed include continuous feed direct-fired and indirect-fired equipment, batch feed systems and in-situ equipment. Performance is compared in terms of before-and-after contaminant levels in the soil and permissible emissions levels in the stack gas vented to the atmosphere. The review of air emissions standards includes a review of regulations in the U.S. and the European Union (EU). Key cost centers for the mobilization and operation of LTTD equipment are identified and compared for the different types of LTTD systems in use today. A work chart is provided for the selection of the optmum LTTD system for site-specific applications. LTTD technology continues to be a cornerstone technology for soil treatment in the U.S. and elsewhere. Examples of leading-edge LTTD technologies developed in the U.S. that are now being delivered locally in global projects are described.

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