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Name of Article:
Another Tragedy of the Commons: Placing Cost Where It Belongs by Banning Hazardous Substances in Fertilizer through State Legislation 
Title of Book/Journal:
Journal of Environmental Law and Litigation 
Type:
Article 
English Translation:
 
Publication Date:
Spring 2003     
Author(s):
Waliser, Shawn
 Editor(s):
 
Volume:
18 
Issue:
Pages: 51    
Corporate Author:
 
Publisher:
   
EPA Number:
 
Other Number:
   
Keyword(s):
LAW-FEDERAL
LAW-STATE
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON-QUINCY
AGRICULTURE-FOOD PRODUCTION
Comments:
 
 
 
 
    
 
Annotation:
This article describes the history of Quincy, Washington's, exposure to toxic fertilizer. Dioxin has been found in fertilizer because it "rides along" with cement kiln dust (CKD), which is a hazardous waste exempted from regulation under the U.E. Environmental Protection Agency's (EPA) hazardous waste regulations. The hazardous substances described in this article, and others, have been shown to be harmful to health and welfare as a result of repeated exposure or accumulation in the body and the environment. The article gives a brief overview of the EPA approach to regulating hazardous waste in general, and substances recycled into to highlight why reliance on federal regulation to solve the problem in a timely manner is not a viable option. The article discusses alternative levels of governmental implementation, ranging from federal only, to cooperative federal and state, and finally to the recommended state level implementation. The author also argues that state legislation is preferable to additional or amended regulation under existing statutes and discusses elements critical for effective state legislation. The author concluded that EPA's finding that a new regulatory scheme is unnecessary for hazardous waste in fertilizer was based on questionable and inapplicable studies and that any hazardous substance on the referenced list should be banned from fertilizer, regardless of whether its source is classified as waste or non-waste.
 
 
       
 
 
 

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Last updated on Monday, December 2nd, 2002
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