Browse > Article

Understanding Imminent & Substantial Endangerment (ISE) in the U.S. Environmental Laws and Analysis on ISE Uses  

Jeong, Seung-Woo (Department of Environmental Engineering, Kunsan National University)
Publication Information
Journal of Soil and Groundwater Environment / v.14, no.3, 2009 , pp. 14-21 More about this Journal
Abstract
This study discusses the definition, determination and use of Imminent & Substantial Endangerment (ISE) included in the United States environmental laws. ISE is a contamination situation and statutory authority that state and federal governments issue an administrative order to responsible parties for clean-up. ISE is appeared in all kinds of official government documents such as administrative oders on consent, judicial consent degrees, and unilateral administrative order. In order to invoke ISE authority, the governments should have evidence of each of the following elements; 1) a possible ISE 2) because of actual or threatened release 3) of a hazardous substance 4) from a facility. The determination of ISE relies on detail scientific evidence and documentation in order to demonstrate the existence of conditions that may present an ISE. However, any official protocol or procedure has not been found for determining an ISE, although an ISE order documentation format is suggested by U.S. EPA.
Keywords
Imminent & Substantial Endangerment (ISE); Comprehensive Environmental Response; Compensation & Liability Act (CERCLA); Administrative Orders;
Citations & Related Records
연도 인용수 순위
  • Reference
1 Stae of California, 2004, Enforcement Order with Imminent and Substantial Endangerment Determination; In the Matter of BKK Corporation, Docket HWCA 2004 0582
2 USEPA Compliance and Enforcement homepage, http://www.epa.gov/compliance
3 US EPA, Negotiating Superfund Settlements homepage, http://www.epa.gov/compliance/cleanup/superfund/negotiate.html
4 U.S. EPA, 2001, Memorandum: Use of CERCLA §106 to Address Endangerments That May Also Be Addressed UnderOther Environmental Statues
5 Montana Department of Environmental Quality, 2002, Voluntary Cleanup and Redevelopment Act Application Guide
6 USEPA, 2007, ENFORCEMENT ACTION MEMORANDUM:Determination of an Imminent and Substantial Threat to Public Health and the Environment at the Reach D Area of the Tittabawassee River Dioxin Spill Site, Midland County, Michigan(Site ID #B5KF)
7 USEPA, 1997, Guidance on the Use of Section 7003 of RCRA, Office of Enforcement and Compliance Assurance
8 State of New York, 2007, Notice of Intent to Sue ExxonMobil Corporation and ExxonMobil Refining & Supply Company for Clean Water Act Violations in Greenpoint, Brooklyn, New York, Office of The Attorney General