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Y2K Defense Fact Sheet


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From: gjonesprinting@aol.com
Date: Thu Sep 09 1999 - 16:04:34 CDT


To All:

Last week, I forwarded a message about the new Y2K defense legislation passed
in August. The address for the fact sheet was not included. EPA's fact sheet
on the new Y2K law is available at http://es.epa.gov/oeca/oppa/factsheet.html.
     
The new law limiting liability for damages that result from Year 2000
failures provides a defense for some violations of federal environmental
standards, EPA states in a fact sheet released August 23. President Clinton
signed the Year 2000 Readiness and Responsibility Act of 1999 (PL 106-37) on
July 20. The defense applies to penalties in enforcement actions by federal,
state, or local environmental officials. To qualify for the defense, several
criteria must be met. First, a reporting or monitoring violation due to a
Y2K problem must cause no actual or imminent harm to public health, safety,
or the environment, according to EPA. The entity seeking to use the defense
must be in compliance with underlying federal environmental standards for
which it is reporting or monitoring. The entity will be disqualified from
the defense if the violation is due to operational error, negligence, or lack
of reasonable preventive maintenance, the fact sheet states. Moreover, the
violation must be demonstrated to have occurred due to a Y2K failure, and
immediate action must be taken to correct the violation. EPA must be informed
of the violation within 72 hours of discovering the problem. A summary of
the law's reporting and monitoring provisions is available at
http://es.epa.gov/oeca/oppa/fedy2kact.html.
 
Gary Jones
GATF


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