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Knowing Discharge of a Pollutant in Violation of the Clean Water Act

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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Knowing Discharge of a Pollutant in Violation of the Clean Water Act is an illegal act that involves the intentional release of pollutants into a body of water that is regulated by the Clean Water Act. The Clean Water Act, which was passed in 1972, is the primary tool for regulating water pollution in the United States. It sets limits on the amount of pollutants that can be released into waterways, and prohibits the discharge of certain pollutants altogether. Knowing Discharge of a Pollutant in Violation of the Clean Water Act can be divided into two categories: direct discharge and indirect discharge. Direct discharge refers to the direct release of pollutants into a body of water and is illegal in most cases. Indirect discharge, on the other hand, occurs when pollutants are released into the environment through an activity that is not directly related to water pollution, such as runoff from a construction site or drainage from agricultural activities. This type of discharge is also illegal under the Clean Water Act. Both direct and indirect violations of the Clean Water Act are subject to severe civil and criminal penalties, including fines and potential jail time. In addition, violators may be liable for cleanup costs and other damages caused by the pollution.

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Penalty: Maximum fine $250,000 and/or maximum imprisonment 5 years under 18 USC 3571. see USC 1415 (b) Forfeiture to the U.S., any proceeds from violation and any property used in violation.

The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained: EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches.

Section 319: Nonpoint Source Program.

The CWA made it unlawful for any person to discharge any pollutant from a point source into waters of the United States, unless a NPDES permit was obtained under its provisions.

The Clean Water Act (CWA) establishes the basic structure for regulating pollution in U.S. waters. It gives Americans a right to waterways that are clean, biologically intact, and safe for use, and includes an array of protections and programs to reach that goal.

The CWA made it unlawful for any person to discharge any pollutant from a point source into waters of the United States, unless a NPDES permit was obtained under its provisions.

(12) The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

The CWA has always been controversial, especially for its notoriously vague definition of navigable waters: ?waters of the United States, including the territorial seas.? Some argue that the definition of waters of the United States, often called WOTUS, should be broad, thus allowing the federal government to secure

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The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained: One of its principal objectives is to prohibit the discharge of pollutants into waters of the U.S., except in compliance with a permit.The CWA prohibits the discharge of any pollutant from a point source into navigable waters. Made it unlawful for any person to discharge any pollutant from a point source into navigable waters unless a permit is obtained under its provisions. •. The trial court found Lucero guilty on two counts of discharges into wetlands and one count of discharge into a tributary. Property owners who negligently discharge "pollutants" into covered waters may face severe criminal penalties including impris onment. Backfilling violated the Clean Water Act, which prohibits discharging pollutants into "the waters of the United States. All wastewater discharges to surface waters in the State of North Carolina must receive a permit to control water pollution. The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Sec. 26.0135. WATERSHED MONITORING AND ASSESSMENT OF WATER QUALITY.

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Knowing Discharge of a Pollutant in Violation of the Clean Water Act