Criminal Provisions of the Clean Water Act: Direct Discharge (to waters of the United States including wetlands

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

 

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
photograph of discharge drain

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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