| The Clean Water Act governs the discharge of pollutants into navigable waters. Navigable waters have been defined as any waters in which one is able to navigate through, including streams or creeks that feed navigable bodies of water. The Act requires any individual or corporation seeking to discharge pollutants to obtain a permit from the Environmental Protection Agency (EPA). The permit establishes the maximum amount of particular pollutants that may be discharged from facilities such as industrial and sewage treatment plants over a set period of time. The place or facility where the pollutants are discharged from is known as the point source.
Knowing Violations of the Clean Water Act
A knowing violation of the Act constitutes a felony. A knowing violation of the Act occurs when an individual or corporation knowingly discharges pollutants into navigable waters. It is not relevant whether the individual or corporation knew that they actually violated the Act. The prosecution is only required to show that the defendant knowingly engaged in conduct resulting in a violation. Specific intent is not required for a conviction under the Act.
Additionally, any false statements or misrepresentations in any document or tampering with a monitoring device constitute a knowing violation of the Act. For individuals, the statutory penalty for a knowing violation of the Act is a fine of up to a maximum amount of $250,000 and a maximum of 15 years imprisonment. With respect to corporate violations the fine may be up to a maximum amount of $1,000,000. With respect to the sentencing guidelines, the penalty for making a false statement or misrepresentation under the Act is a maximum fine of $10,000 and/or two years imprisonment, or both.
With respect to repeat offenders of knowing violations, the Act provides for the doubling of all potential punishments, fines and prison terms alike.
Negligent Violations of the Clean Water Act
A negligent violation of the Act occurs when an individual or corporation negligently introduces into a sewer system or publicly owned treatment works a pollutant one knows or reasonably should have known could result in personal injury or property damage. A negligent violation of the Act is punishable by a fine of not more than $25,000 a day and/or a one-year maximum prison term. Although the discharge of a toxic or hazardous substance gives rise to a higher base offense level in the case of a negligent discharge, a downward departure may be warranted.
Debatable Issue
It is unclear whether criminal prosecutions should be initiated if:
- the EPA has not defined a limitation on discharges of pollutants by a particular kind of business.
- the business or individual discharges a pollutant into navigable waters without a permit.
Defendants contend that it must first be shown that they violated particular discharge limitations established by the EPA before they can be prosecuted. Many courts have held that the absence of applicable regulations by the EPA is not a defense because the Act bans discharges of pollutants without a permit.
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