Environmental affairs enforcement report

This is a list of actions taken against businesses that are not in compliance with environmental regulations including underground storage tanks, hazardous waste, drinking water, water pollution and solid waste. It is broken down by enforcement by various divisions of DHEC including the Bureau of Land and Waste Management, Bureau of Water, Bureau of Air Quality, Bureau of Environmental Health Services and Division of Ocean and Coastal Resource Management.

A afirmação do direito de águas

This thesis aims at demonstrating the dogmatic autonomy of Water Law. It also intends to clarify that this branch of law must not be confused with other similar subjects of law. To accomplish this task, the thesis justifies the dogmatic autonomy of Water Law beginning by discussing the emergence of this branch of law both at international and regional levels. The thesis analyses the emergence of International Water Law, discussing the reasons of its existence, its subject and importance. It also explains the relationship between international watercourses and the need to regulate them, considering that rules related to the use and management of such resources, although created at international level, are meant to be applied at regional and local levels. The thesis demonstrates that the fact that some waters are international, because they cross different states or serve as border between two or more states, justifies the existence of international water law rules aplicable to the region and to the watercourse they are supposed to regulate. For this reason, this thesis considers not only international water law in relation with the aplicable regional water law, but also the regional law in relation with the rules aplicable to the water basins and particularly with the concerned water basin states. This relationship between rules leads us to discuss how these three spectrums of rules are conciliated, namely international or universal, regional and water basin rules. To demonstrate how all this works we chose SADC for our case study. The thesis also studies the States who benefit from rules of international water law, and all other subjects who directly use water from international watercourses, and the conclusion we reach is that who really benefits are the population of such states whose rights of access, use and management are regulated by international, regional and basin rules As we can imagine, it is not easy to concile so many different rules, applicable to a scarce resource to which many subjects in many states compete for. And the interaction of the different interests, which is done under different spectrum of rules, is what guided our study, in which we analyse how all this process functions. And the main reason of all the discussion is to conclude that there is, in fact, a dogmatic autonomy of water law. To reach such a conclusion, the thesis begins by studying how international water law is applied at local level. Considering that international watercourses usually have different regimes adopted by the basin states, which difference may cause conflicts, the thesis discusses how water law may contribute to solve possible conflicts. To do this, the thesis studies and compares rules of international water law with rules of water law applicable to SADC states, and figures out the level of interaction between such rules. Considering that basin states have to obey to local rules, first of all, and after that to international and basin level rules, the thesis studies how the differents interests at stake are managed by riparian states, who act on behalf of their population. SADC appeared to provide an excellent case study to reach this goal. And the thesis discusses all these matters, the rules and principles applicable, and provides solutions where applicable, always considering water as subject of our study. Accordingly, we discuss the right to water, its nature and how it functions, considering the facts mentioned previously. And, as we conclude, all these legal discussions over water are a clear sign of the dogmatic autonomy of water

La construction sociale du statut juridique de l’eau : le cas du Québec et du Mexique

L’eau a longtemps été considérée comme une ressource commune non susceptible d’appropriation et accessible à tous. De nos jours, toutefois, face à l’inégale répartition de l’eau sur la planète, à l’augmentation constante de la population et à la multiplication des usages qui entraînent la surexploitation et la pollution des ressources hydriques, l’eau prend une valeur nouvelle. L’eau devient de plus en plus un enjeu stratégique, politique et commercial. En conséquence, la redéfinition du statut juridique de l’eau devient un objet de débat important. Ce débat est avant tout un débat rhétorique et une « bataille » idéologique entre des groupes qui soutiennent différentes approches et qui cherchent à obtenir le monopole de la nouvelle réalité et créer ainsi le nouveau droit. Deux grandes approches s’affrontent pour redéfinir la ressource. La première, celle qui envisage l’eau comme un bien économique, soutient que pour éviter les problèmes de gaspillage et de pollution, l’eau doit être soumise aux lois de l’offre et de la demande. La deuxième, celle qui considère l’eau comme une chose commune, non appropriable et hors commerce, soutient que la valeur d’une ressource aussi vitale que l’eau ne peut être établie par les lois du marché puisque cette alternative ne permet pas d’assurer l’accès à l’eau aux plus démunis de la société. Cette approche prône également la reconnaissance d’un droit humain à l’eau. Notre thèse tente de déterminer comment s’effectue le choix du statut juridique de l’eau, et ce, tant au Québec qu’au Mexique. Notre question de recherche est traitée selon une perspective constructiviste en vertu de laquelle le statut juridique de l’eau serait une réalité « construite » et le nouveau droit serait le résultat des luttes, des oppositions et des compromis entre les acteurs sociaux impliqués. Notre terrain d’étude est le Québec et le Mexique. En effet, ce sont des territoires intégrés économiquement par le biais de l’ALENA où l’on observe des variations importantes en termes de ressources, de prélèvements et de consommation. Au Québec, nous analysons le débat qui a eu lieu lors de la Consultation sur la gestion de l’eau au Québec (1999), notamment les discours concernant le statut de l’eau, la gestion publique/privée des services d’eau et l’exportation en vrac de la ressource. Au Mexique, nous analysons les représentations des acteurs sociaux à l’occasion de l’adoption de la Loi des eaux nationales de 1992, notamment les questions qui comportent un lien étroit avec la symbolique de l’eau. Or, nous avons remarqué que le résultat de ces constructions sociales au sein de ces territoires est complètement différent. Au Québec, on a confirmé le statut de l’eau en tant que chose commune, tandis qu’au Mexique, c’est plutôt la symbolique de l’eau en tant que bien économique qui a été adoptée dans la nouvelle législation portant sur l’eau.

La gestión del agua: el desafío chino. Iniciativas medio ambientales chinas y el manejo del río Mekong. Periodo de estudio: 1980 - 2010

El propósito de la presente investigación es evaluar la incidencia regional de las iniciativas chinas a favor de la gestión del agua del Río Mekong como elementos que contribuyen en la construcción de la percepción favorable para el gigante asiático. Producto del conjunto de reformas aplicadas desde 1978, China fue objeto de un crecimiento económico exponencial que algunos académicos denominan milagroso; sin embargo, dicho proceso involucró un impacto negativo sobre el medio ambiente y en particular sobre el agua del Estado. El deterioro ambiental chino implicó, por un lado, el desarrollo de medidas internas que pretenden reversar los efectos descritos en el marco de las diferentes cumbres mundiales sobre medio ambiente y por otro, la participación en iniciativas de carácter subregional que denotan cierto grado de pro-actividad del gigante asiático en materia ambiental.

Fronteras y oportunidades de integración: los recursos subterráneos de agua dulce en el Mercosur

El presente estudio de caso tiene como objetivo analizar la influencia del Sistema Acuífero Guaraní (SAG), en la agenda de integración del MERCOSUR. Se argumenta que el SAG al considerarse un espacio estratégico trasfronterizo, cuenta con un potencial desestabilizador, pero a la vez se configura como un potencial armonizador de la agenda de integración de MERCOSUR, analizando que esta característica promueve el fortalecimiento de los lazos de cooperación y el establecimiento de una dimensión ambiental al interior de la agenda. Para comprobarlo, se revisará el concepto de agenda y se utilizaran los conceptos de integración y desbordamiento del neofuncionalismo en el contexto de la interdependencia compleja. Finalmente, se avanza hacia el resultado de la investigación que permite entender como el carácter estratégico del agua permea la agenda del MERCOSUR.

Ordem econômica e política nacional de recursos hídricos: hermenêutica constitucional para o desenvolvimento sustentável

This research proposes a study about the interpretative techniques application that are compatible with the national legal system under the principles for Sustainable Development characterized in Brazilian Constitution. It verifies the actual possibility of reconciliation between national development and environment protection, with reflections under the water legal protection. It was proposed, therefore, to point subsidies for jurisdictional decisions involving development and the environmental goods, protected as constitutionally guaranteed principles. It was assumed that, both development and environment protection represents basic rights that are eventually placed in conflict situations, considering the many legitimate economic activities within the Brazilian State. A representative case analysis was elected within the current national scene, detailing the judicial and political conflict involving the Transboundery water Project from the São Francisco River Basin to another Northeastern river basin in Brazil. The implementation of several constitutional principles with elements from legal hermeneutics provides subsidies for the legal analysis about the conflict between development and environmental protection. It was assumed that the main discussion item about rights due to development today is the institutions influence and their results, among them the rules, laws and interpretative elements for the constitutional text objectivity, as the institutions credibility and the Supreme Courts interpretations. The use of interpretative resources for specific conflict situations about constitutional principles by Superior Courts, on the search, would bring a contributory factor for decision safety, related to sustainable development principles, elimination of inequalities and regional protecting for the environment. Specific aspects of Law No. 9.433/97 that introduced the National Water Resources Policy were examined, with its instruments, in order to specifically contextualize aspects of the Brazilian water resources management politics

Derecho, poder y territorio en la gestión local de agua en los Andes: hacia la concertación de políticas hídricas sustentables

Incluye Bibliografía

A Survery of Western United States Instream Flow Programs and The Policies that Protect a River's Ecosystem

The Western United States can best be described as a vast, varying land, with the high plains to the east and the jagged horizons of Rockies to the west. However there is one common trait shared by these states: the lack of water resources. With the continued development of this land, the fact that water is scarce is becoming more real. This issue became more difficult to handle as the public became more aware that many competing uses existed for the finite resource, and those different uses were degrading the natural environments of the surface waters. With this realization instream flow policies provides a comprehensive account of the policy framework a selected number of western states have established in order to protect instream flows and the overall health of a river's ecosystem. Also included is the identification of key policies that should be promoted or removed from a state's instream flow program. Ultimately, this thesis continues to add the the ever-evolving process of modernizing water law frameworks.

EC77-865 Have It Your Way By Making A Will

Making a will is not the sad and gloomy picture painted by some people. Quite the contrary! A person who makes a will is creating his or her own blueprint for the future. A will, like life insurance, social security, or retirement plans, provides security and peace of mind. The person who has a will made can rest assured that property and loved ones will be taken care of precisely in the manner he or she desires. This publication presents basic information about wills, one of the most important documents a person can make or possess. This information can be useful both to those who have already made a will and those who have not.

Past is Prologue: Montana’s Historic Women’s Movement Re-emerges in the Progressive 1970s -- Dorothy Bradley, Marilyn Wessel & Jane Jelinski “In the Crucible of Change”

One-hundred years ago, in 1914, male voters in Montana (MT) extended suffrage (voting rights) to women six years before the 19th Amendment to the US Constitution was ratified and provided that right to women in all states. The long struggle for women’s suffrage was energized in the progressive era and Jeanette Rankin of Missoula emerged as a leader of the campaign; in 1912 both major MT political party platforms supported women suffrage. In the 1914 election, 41,000 male voters supported woman suffrage while nearly 38,000 opposed it. MT was not only ahead of the curve on women suffrage, but just two years later in 1916 elected Jeanette Rankin as the first woman ever elected to the United States Congress. Rankin became a national leader for women's equality. In her commitment to equality, she opposed US entry into World War I, partially because she said she could not support men being made to go to war if women were not allowed to serve alongside them. During MT’s initial progressive era, women in MT not only pursued equality for themselves (the MT Legislature passed an equal pay act in 1919), but pursued other social improvements, such as temperance/prohibition. Well-known national women leaders such as Carrie Nation and others found a welcome in MT during the period. Women's role in the trade union movement was evidenced in MT by the creation of the Women's Protective Union in Butte, the first union in America dedicated solely to women workers. But Rankin’s defeat following her vote against World War I was used as a way for opponents to advocate a conservative, traditionalist perspective on women's rights in MT. Just as we then entered a period in MT where the “copper collar” was tightened around MT economically and politically by the Anaconda Company and its allies, we also found a different kind of conservative, traditionalist collar tightened around the necks of MT women. The recognition of women's role during World War II, represented by “Rosie the Riveter,” made it more difficult for that conservative, traditionalist approach to be forever maintained. In addition, women's role in MT agriculture – family farms and ranches -- spoke strongly to the concept of equality, as farm wives were clearly active partners in the agricultural enterprises. But rural MT was, by and large, the bastion of conservative values relative to the position of women in society. As the period of “In the Crucible of Change” began, the 1965 MT Legislature included only three women. In 1967 and 1969 only one woman legislator served. In 1971 the number went up to two, including one of our guests, Dorothy Bradley. It was only after the Constitutional Convention, which featured 19 women delegates, that the barrier was broken. The 1973 Legislature saw 9 women elected. The 1975 and 1977 sessions had 14 women legislators; 15 were elected for the 1979 session. At that time progressive women and men in the Legislature helped implement the equality provisions of the new MT Constitution, ratified the federal Equal Rights Amendment in 1974, and held back national and local conservatives forces which sought in later Legislatures to repeal that ratification. As with the national movement at the time, MT women sought and often succeeded in adopting legal mechanisms that protected women’s equality, while full equality in the external world remained (and remains) a treasured objective. The story of the re-emergence of Montana’s women’s movement in the 1970s is discussed in this chapter by three very successful and prominent women who were directly involved in the effort: Dorothy Bradley, Marilyn Wessel, and Jane Jelinski. Their recollections of the political, sociological and cultural path Montana women pursued in the 1970s and the challenges and opposition they faced provide an insider’s perspective of the battle for equality for women under the Big Sky “In the Crucible of Change.” Dorothy Bradley grew up in Bozeman, Montana; received her Bachelor of Arts Phi Beta Kappa from Colorado College, Colorado Springs, in 1969 with a Distinction in Anthropology; and her Juris Doctor from American University in Washington, D.C., in 1983. In 1970, at the age of 22, following the first Earth Day and running on an environmental platform, Ms. Bradley won a seat in the 1971 Montana House of Representatives where she served as the youngest member and only woman. Bradley established a record of achievement on environmental & progressive legislation for four terms, before giving up the seat to run a strong second to Pat Williams for the Democratic nomination for an open seat in Montana’s Western Congressional District. After becoming an attorney and an expert on water law, she returned to the Legislature for 4 more terms in the mid-to-late 1980s. Serving a total of eight terms, Dorothy was known for her leadership on natural resources, tax reform, economic development, and other difficult issues during which time she gained recognition for her consensus-building approach. Campaigning by riding her horse across the state, Dorothy was the Democratic nominee for Governor in 1992, losing the race by less than a percentage point. In 1993 she briefly taught at a small rural school next to the Northern Cheyenne Indian Reservation. She was then hired as the Director of the Montana University System Water Center, an education and research arm of Montana State University. From 2000 - 2008 she served as the first Gallatin County Court Administrator with the task of collaboratively redesigning the criminal justice system. She currently serves on One Montana’s Board, is a National Advisor for the American Prairie Foundation, and is on NorthWestern Energy’s Board of Directors. Dorothy was recognized with an Honorary Doctorate from her alma mater, Colorado College, was named Business Woman of the Year by the Bozeman Chamber of Commerce and MSU Alumni Association, and was Montana Business and Professional Women’s Montana Woman of Achievement. Marilyn Wessel was born in Iowa, lived and worked in Los Angeles, California, and Washington, D.C. before moving to Bozeman in 1972. She has an undergraduate degree in journalism from Iowa State University, graduate degree in public administration from Montana State University, certification from the Harvard University Institute for Education Management, and served a senior internship with the U.S. Congress, Montana delegation. In Montana Marilyn has served in a number of professional positions, including part-time editor for the Montana Cooperative Extension Service, News Director for KBMN Radio, Special Assistant to the President and Director of Communications at Montana State University, Director of University Relations at Montana State University and Dean and Director of the Museum of the Rockies at MSU. Marilyn retired from MSU as Dean Emeritus in 2003. Her past Board Service includes Montana State Merit System Council, Montana Ambassadors, Vigilante Theater Company, Montana State Commission on Practice, Museum of the Rockies, Helena Branch of the Ninth District Federal Reserve Bank, Burton K. Wheeler Center for Public Policy, Bozeman Chamber of Commerce, and Friends of KUSM Public Television. Marilyn’s past publications and productions include several articles on communications and public administration issues as well as research, script preparation and presentation of several radio documentaries and several public television programs. She is co-author of one book, 4-H An American Idea: A History of 4-H. Marilyn’s other past volunteer activities and organizations include Business and Professional Women, Women's Political Caucus, League of Women Voters, and numerous political campaigns. She is currently engaged professionally in museum-related consulting and part-time teaching at Montana State University as well as serving on the Editorial Board of the Bozeman Daily Chronicle and a member of Pilgrim Congregational Church and Family Promise. Marilyn and her husband Tom, a retired MSU professor, live in Bozeman. She enjoys time with her children and grandchildren, hiking, golf, Italian studies, cooking, gardening and travel. Jane Jelinski is a Wisconsin native, with a BA from Fontbonne College in St. Louis, MO who taught fifth and seventh grades prior to moving to Bozeman in 1973. A stay-at-home mom with a five year old daughter and an infant son, she was promptly recruited by the Gallatin Women’s Political Caucus to conduct a study of Sex-Role Stereotyping in K Through 6 Reading Text Books in the Bozeman School District. Sociologist Dr. Louise Hale designed the study and did the statistical analysis and Jane read all the texts, entered the data and wrote the report. It was widely disseminated across Montana and received attention of the press. Her next venture into community activism was to lead the successful effort to downzone her neighborhood which was under threat of encroaching business development. Today the neighborhood enjoys the protections of a Historic Preservation District. During this time she earned her MPA from Montana State University. Subsequently Jane founded the Gallatin Advocacy Program for Developmentally Disabled Adults in 1978 and served as its Executive Director until her appointment to the Gallatin County Commission in 1984, a controversial appointment which she chronicled in the Fall issue of the Gallatin History Museum Quarterly. Copies of the issue can be ordered through: http://gallatinhistorymuseum.org/the-museum-bookstore/shop/. Jane was re-elected three times as County Commissioner, serving fourteen years. She was active in the Montana Association of Counties (MACO) and was elected its President in 1994. She was also active in the National Association of Counties, serving on numerous policy committees. In 1998 Jane resigned from the County Commission 6 months before the end of her final term to accept the position of Assistant Director of MACO, from where she lobbied for counties, provided training and research for county officials, and published a monthly newsletter. In 2001 she became Director of the MSU Local Government Center where she continued to provide training and research for county and municipal officials across MT. There she initiated the Montana Mayors Academy in partnership with MMIA. She taught State and Local Government, Montana Politics and Public Administration in the MSU Political Science Department before retiring in 2008. Jane has been married to Jack for 46 years, has two grown children and three grandchildren.

Marine Spatial Planning is coming to an ocean near you

There are too many conflicting uses of the ocean in a time where resources are rapidly dwindling. Marine Spatial Planning is catching on globally, and may soon come to Long Island Sound, but it may be difficult to decide who gets to do what, where.

Conservation 2000 : six-year report.

"PRT-3219183"--Colophon.

Avaliação da eficiência do sistema de abastecimento de água da APA

A água é um recurso essencial e escasso, como tal, é necessário encontrar medidas que permitam o seu uso de modo sustentável e garantam a proteção do meio ambiente. Devido a esta crescente preocupação assiste-se a um movimento legislativo, nacional e internacional, no sentido de garantir o desenvolvimento sustentável. Surge assim, a Diretiva Quadro da Água e a Lei da Água, que é complementada com legislação diversa. Como elemento constituinte do ciclo urbano da água, os Sistemas de Abastecimento têm sofrido evoluções nem sempre adequadas. É neste contexto que, em Portugal, nascem as diversas ferramentas para a melhoria da gestão dos recursos hídricos. As Entidades Gestoras têm como finalidade a gestão eficiente do bem água, e dispõe de dois importantes instrumentos, o Programa Nacional para o Uso Eficiente da Água e o Guia para o “controlo de perdas de água em sistemas públicos de adução e distribuição”(ERSAR). Esta Gestão passa, não só pela abordagem da problemática das perdas de água, reais e aparentes, como também pela análise do comportamento que origina o desperdício. A APA, enquanto entidade gestora, procura maximizar a eficiência do seu sistema de abastecimento, para tal, foram aplicadas as ferramentas propostas pelo ERSAR. Concluindo-se que este sistema tem um total de perdas de água de 34%, devendo-se estas perdas essencialmente ao envelhecido parque de contadores e perdas nos ramais de distribuição (teórico). As perdas comerciais representam cerca de 69%, o que revela que os volumes de água não faturados (medidos ou não) são muito elevados. Por outro lado, a realização do cálculo do Balanço Hídrico e dos índices de desempenho permitem classificar a performance do sistema de abastecimento e compará-la com os seus objetivos de gestão. Atendendo ao volume de água perdido nos ramais, foram efetuadas medições noturnas, verificando-se que no Porto de Pesca Costeira existe um volume de água escoado não justificado. Neste sentido, elaborou-se um plano de ação para aumentar a eficiência do sistema, ou seja, reduzir as perdas totais de 34% para 15%.

Environmental affairs enforcement report

This is a list of actions taken against businesses that are not in compliance with environmental regulations including underground storage tanks, hazardous waste, drinking water, water pollution and solid waste. It is broken down by enforcement by various divisions of DHEC including the Bureau of Land and Waste Management, Bureau of Water, Bureau of Air Quality, Bureau of Environmental Health Services and Division of Ocean and Coastal Resource Management.