who does what enforcing act to prevent pollution from ships

Criminal Provisions of H2o Pollution

General descriptions of the criminal provisions related to h2o pollution:

Discharges of Oil or Hazardous Substances
Failure to Report Discharges of Oil & Hazardous Substances
Belch to a POTW in Violation of Pre-Handling Standards
Belch to a POTW Causing Impairment to the Organisation
Discharge to a POTW Causing the Institute to Violate Its Own Permit/Limitation
CWA Knowing Endangerment
CWA Fake 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

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Direct Belch (to waters of United States including wetlands)

Elements:

• A person
  • Negligently or Knowingly
    • Discharges a pollutant from a point source into a h2o of the Us without a NPDES or 404 Permit or in violation of a permit

Negligent Violations: 1 year and/or $2,500 - 25,000 per day; Statute: 33 U.S.C. 1319(c)(1) & (two)

Penalty:

• • Subsequent convictions ii years and/or $50,000 per day.
• Knowing Violations: iii years and/or $v,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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Discharges of Oil or Hazardous Substances

Elements:

• A Person
  • Negligently or Knowingly
    • Discharges Oil or a Hazardous Substance Into a h2o of the United States/upon bordering shorelines/into the contiguous Zone In a Harmful Quantity

Statute:  33 U.S.C. 1319(c)(1) & (2) & 1321 (b)(3)

Penalty:

• Negligent Violations: ane yr and/or $2,500 - 25,000 per day;
  • Subsequent convictions two years and/or $50,000 per day.
• Knowing Violations: 3 years and/or $5,000 - fifty,000 per mean solar day;
  • Subsequent convictions 6 years and/or $100,000 per day.

Relevant Regulations: forty C.F.R. 110, 116 & 117

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Failure to Report Discharges of Oil & Hazardous Substances

Elements:

• A Person
  • In charge of a Vessel, onshore or offshore facility from which oil or hazardous substance is discharged in a reportable (harmful) quantity into or upon waters of the United states of america/upon adjoining shorelines/into the Face-to-face Zone fails to immediately notify the advisable Federal Agency as soon as he/she has noesis of the discharge

Statute: 33 The statesC. 1321(b)(5)

Penalty:

• 5 years and/or fines nether eighteen U.S.C. 3571

Relevant Regulations: forty C.F.R. 110, 116 & 117

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Discharge to a POTW in Violation of Pre-Treatment Standards and Prohibitions

Elements:

• A Person
  • Negligently or Knowingly
    • Operates a source in violation of whatever effluent standard, prohibition, or applicable pretreatment standard *

Statute: 33 United statesC. 1319(c)(one)(A) & (two)(A) and 1317

Penalty:

• Negligent Violations: 1 twelvemonth and/or $ii,500 - 25,000 per twenty-four hours;
  • Subsequent convictions 2 years and/or $l,000 per day.
• Knowing Violations: 3 years and/or $five,000 - 50,000 per day;
  • Subsequent convictions 6 years and/or $100,000 per day.

Relevant Regulations: twoscore C.F.R. 403

*General Pretreatment Prohibitions found at 40 C.F.R. 403.5(a) ("Pass Through" & "Interference"); Specific Pretreatment Prohibitions found at 40 C.F.R. 403.v(b){excessive estrus, oil, toxic gases, trucked pollutants, etc.}; Local Limit Provision found at forty C.F.R. 403.5(d); Categorical Standards plant at 40 C.F.R. 403.6-424

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Belch to a POTW Causing the Institute to Violate its Own Let/Limitation

Elements:

• A Person who Owns or Operates a Source
  • Negligently or Knowingly
    • Discharges a pollutant or hazardous substance into a POTW other than in compliance with all federal, state, and local requirements and permits, which such person knew or reasonably should have known could causes personal injury or property damage and causes the POTW to violate its permit or effluent limitation.

Statute: 33 U.s.C. 1319(c)(1)(B) & (c)(two)(B)

Penalisation:

• Negligent Violations: 1 yr and/or $2,500 - 25,000 per day;
  • Subsequent convictions 2 years and/or $50,000 per mean solar day.
• Knowing Violations: 3 years and/or $5,000 - 50,000 per twenty-four hours;
  • Subsequent convictions half-dozen years and/or $100,000 per twenty-four hours.

Relevant Regulations: 40 C.F.R. 403

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CWA Knowing Endangerment

Elements:

• A Person
  • Knowingly Committed Specified Offense (33 United statesC. 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3), 1328, 1345, or permits issued under 1342 or 1344)
    • Knew at the fourth dimension that such acts put another person in imminent danger of death or serious bodily injury

Statute: 33 U.S.C. 1319(c)(3)

Penalty:

• xv years and/or $250,000 ($1,000,000 for corps.); subsequent convictions doubled.

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CWA False Statements

Elements:

• A Person
  • Knowingly
    • Makes a faux statement, representation, or certification statement/representation/certification was material in whatever document filed or required to be maintained under the CWA

Statute: 33 U.S.C. 1319(c)(iv)

Penalty:

• two years and/or $x,000; subsequent convictions 4 years and/or $20,000 per mean solar day

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Tampering with Monitoring Equipment or Method

Elements:

• A Person
  • Knowingly
    • Falsifies, tampers with, or renders inaccurate monitoring device or method required to exist maintained nether CWA

Statute: 33 U.Southward.C. 1319(c)(4)

Penalty:

• ii years and/or $10,000; subsequent convictions 4 years and/or $xx,000 per day

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Rivers and Harbors Act of 1899

Elements:

• A Person or corporation
  • Obstructs, builds, excavates, fills, alters the grade, condition, or capacity of any navigable water of the United States without a permit

Statute: 33 U.Due south.C. 401

Punishment:

• Misdemeanor level offenses with maximum 1 year imprisonment and/or fines of up $100,000 for individuals and $200,000 for corporations (run across alternative Fines Human action xviii U.s.C. 3571). Violations of section 407/408/409/414 and 415 (see 411) shall have mandatory minimum imprisonment of xxx days. Violations of section 401/403 and 404 (encounter 406) have mandatory minimum fine of $500 and persons may be fined, imprisoned, or both.

Relevant Regulations: 33 U.Due south.C. 401

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Marine Protection, Enquiry, and Sanctuaries Act (MPRSA) or "Bounding main Dumping Act"

Elements:

• A Person
  • Knowingly
    • Transports material from the United states For the purpose of dumping Into ocean waters Without a permit or in violation of a allow or in violation of regulations

or

• A Person
  • Operated or was employed by a United States vessel, shipping, section, bureau, etc. and Knowingly
    • Transported material from any location for the purpose of dumping into bounding main waters without a permit or in violation of a permit or in violation of regulations

Statute: 33 U.S.C. 1411

Penalty:

• Maximum fine $250,000 and/or maximum imprisonment 5 years under 18 USC 3571. [run across USC 1415 (b)] Forfeiture to the U.S., whatsoever proceeds from violation and whatever property used in violation.

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Act to Prevent Pollution from Ships

Elements:

• Knowing violation of the MARPOL Protocol, the Deed, or regulations (relating to wastes from ships, including garbage, oil, and chancy substances.

Statute: 33 U.S.C. 1908(a)

Penalty:

• Imprisonment of not more 10 years and/or fines equally set along in 18 U.S.C. 3571

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Source: https://www.epa.gov/enforcement/criminal-provisions-water-pollution

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