Affirmative defense

Affirmative defense means in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.

Source

40 CFR § 63.1312

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Scoping language

The following terms used in this subpart shall have the meaning given them in 63.2, 63.101, 63.111, 63.161, or the Act, as specified after each term:

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