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Elected and agency officials, developers and counsel should take notice that they may be liable under these enforcement provisions of the Clean Water Act: Direct Discharge.
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Criminal Provisions of the Clean Water Act
On this page are general descriptions of the criminal provisions under the Clean Water Act.
Direct Discharge (to waters of the United States including wetlands)
Discharges of Oil or Hazardous Substances
Failure to Report Discharges of Oil & Hazardous Substances
Discharge to a POTW in Violation of Federal Pre-Treatment Standards
Discharge to a POTW in Violation of a Local Pre-Treatment Program
Discharge to a POTW Causing Harm to the System
Discharge to a POTW Causing the Plant to Violate Its Own Permit/Limitation
CWA Knowing Endangerment
CWA False Statements
Tampering with Monitoring Equipment or Method
Rivers and Harbors Act of 1899
Marine Protection, Research, and Sanctuaries Act (MPRSA) or "Ocean Dumping Act"
Act to prevent Pollution from Ships
Discharges of Oil or Hazardous Substances
Failure to Report Discharges of Oil & Hazardous Substances
Discharge to a POTW in Violation of Federal Pre-Treatment Standards
Discharge to a POTW in Violation of a Local Pre-Treatment Program
Discharge to a POTW Causing Harm to the System
Discharge to a POTW Causing the Plant to Violate Its Own Permit/Limitation
CWA Knowing Endangerment
CWA False Statements
Tampering with Monitoring Equipment or Method
Rivers and Harbors Act of 1899
Marine Protection, Research, and Sanctuaries Act (MPRSA) or "Ocean Dumping Act"
Act to prevent Pollution from Ships
Direct Discharge (to waters of United States including wetlands)
Elements:
- A person
- Negligently or Knowingly
- Discharges a pollutant from a point source into a water of the United States without a NPDES or 404 Permit or in violation of a permit
- Negligently or Knowingly
Statute: 33 U.S.C. 1319(1) & (2)
Penalty:
- Negligent Violations: 1 year and/or $2,500 - 25,000 per day;
- Subsequent convictions 2 years and/or $50,000 per day.
- Knowing Violations: 3 years and/or $5,000 - 50,000 per day;
- Subsequent convictions 6 years and/or $100,000 per day.
Relevant Regulations: 40 C.F.R. 122
*Note that the Discharge of fill material into a wetland may be permitted under 33 U.S.C. 1344
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