STATUTORY AND REGULATORY FRAMEWORK. CWA Section 301(a), 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States, except as authorized by a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA Section 402, 33 U.S.C. § 1342.
STATUTORY AND REGULATORY FRAMEWORK. RCRA was enacted to address the volumes of municipal and industrial solid waste generated nationwide in order to protect human health and the environment from potential hazards of waste disposal, conserve energy and natural resources, reduce the amount of waste generated, and ensure that wastes are managed in an environmentally sound manner.
STATUTORY AND REGULATORY FRAMEWORK. 5. CWA Section 301(a), 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States, except as authorized by a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA Section 402, 33 U.S.C. § 1342.
6. CWA Section 307(d), 33 U.S.C. § 1317(d), prohibits any owner or operator of any source to operate any source in violation of any effluent standard or prohibition or pretreatment standard promulgated under Section 307(b) of the CWA, 33 U.S.C. § 1317(b).
7. Pursuant to CWA Section 307(b), 33 U.S.C. § 1317(b), EPA promulgated regulations codified at 40 C.F.R. Part 403, entitled General Pretreatment Regulations.
8. The General Pretreatment Regulations at 40 C.F.R. Part 403 relevant to this matter include:
(1) 40 C.F.R. § 403.3(q) (Publicly Owned Treatment Works), which defines a POTW to mean a treatment works as defined by CWA § 212, 33 U.S.C. § 1292, which is owned by a State or municipality, including any devices, methods, and /or systems that, at a minimum, store, treat, or dispose of municipal or industrial wastes, including waste in combined storm water and sanitary sewer systems.
(2) 40 C.F.R. § 403.3(f) (Control Authority), which defines a Control Authority, in relevant part, to mean either, EPA, the State, or the POTW if the POTW’s Pretreatment Program Submission has been approved in accordance with the requirements of 40 C.F.R. § 403.11.
(3) 40 C.F.R. § 403.3(j) (Industrial User), which defines an industrial user as a source of Indirect Discharge, which in turn is defined at 40 C.F.R. § 403.3(i) to mean the introduction of pollutants into a POTW from any non-domestic source regulated under CWA §§ 307(b), (c), or (d), 33 U.S.C. § 1317(b), (c), or (d).
(4) 40 C.F.R. § 403.3(v)(ii) (Significant Industrial User), which defines a significant industrial user as one designated as such by the Control Authority because it has a reasonable potential for adversely impacting the POTW’s operations.
(5) 40 C.F.R. § 403.5(d) (Local limits), which provides that where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW in accordance with the General Pretreatment Regulations at 40 C.F.R. § 403.5(c), such local limits shall be deemed Pretreatment Standards for the purposes of section 307(d) of the CWA.
(6) 40 C.F.R. § 403.17 (Bypass), which prohibits bypass unless unavoidable to prevent loss of life, personal injury, or severe property...
STATUTORY AND REGULATORY FRAMEWORK. Section 31l(b)(3) of the CWA, 33 U.S.C. § 132l(b)(3), prohibits the discharge of oil or hazardous substances into or upon the navigable waters of the United States or adjoining shorelines in such quantities that have been determined may be harmful to the public health or welfare or environment of the United States.
STATUTORY AND REGULATORY FRAMEWORK. 5. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States, including the territorial seas, except as authorized, inter alia, by a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA Section 402, 33 U.S.C. § 1342.
6. Section 402 of the CWA, 33 U.S.C. § 1342, establishes the NPDES program and authorizes the EPA and authorized states to issue permits governing the discharge of pollutants from point sources into waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit.
7. On April 12, 2013, EPA issued the NPDES General Permit for Discharges Incidental to the Normal Operation of a Vessel, EPA-HQ-OW-2011-0411 (Vessel General Permit or VGP), with an effective date of December 19, 2013 and an expiration date of midnight December 19, 2018. The VGP authorizes discharges incidental to the normal operation of non-military and non- recreational vessels greater than 79 feet in length into waters subject to the requirements of Section 312(p) of the CWA, 33 U.S.C. § 1322(p), and the VGP. Waters subject to the VGP are referred to as “navigable waters” which means waters of the United States, including territorial seas, as those terms are defined at Sections 502(7) and 502(8) of the CWA, 33 U.S.C. § 1362(7) and 1362(8).
8. On December 4, 2018, Section 312(p) of the CWA was amended by the Vessel Incidental Discharge Act (VIDA) and now provides that all provisions of the 2013 Vessel General Permit shall remain in force and effect, and shall not be modified until the U.S. Coast Guard promulgates regulations that are final, effective, and enforceable for implementation, compliance, and enforcement of new EPA standards of performance for marine pollution control devices for each type of discharge incidental to the normal operations of a vessel. 33 U.S.C. § 1322(p)(3). To date, these regulations have not been promulgated.
9. Section 312(p)(8)(A) of the CWA makes it “unlawful for any person to violate a provision of the Vessel General Permit.” 33 U.S.C. § 1322(p)(8)(A)(i).
10. Under Part 1.5.1.1. of the VGP, if the vessel is 79 feet or longer, greater than or equal to 300 gross tons, or if the vessel has the capacity to hold or discharge more than 8 cubic meters (2,113 gallons) of ballast water, then the vessel owners/operators must submit a signed and certified, complete an...
STATUTORY AND REGULATORY FRAMEWORK. 5. Section 311(j)(1)(C) of the Act, 33 U.S.C. § 1321(j)(1)(C), provides that the President shall issue regulations “establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil . . . from onshore facilities . . . and to contain such discharges ”
6. Initially by Executive Order 11548 (July 20, 1970), 35 Fed. Reg. 11677 (July 22, 1970), and most recently by Section 2(b)(1) of Executive Order 12777 (October 18, 1991), 56 Fed. Reg. 54757 (October 22, 1991), the President delegated to EPA Section 311(j)(1)(C) authority to issue the regulations referenced in the preceding Paragraph for non- transportation-related onshore facilities.
7. EPA subsequently promulgated regulations, codified at 40 C.F.R. Part 112 (the “Oil Pollution Prevention regulations”), pursuant to these delegated statutory authorities and pursuant to its authorities under the Act, 33 U.S.C. § 1251 et seq., which set forth certain procedures, methods and requirements, including requirements for Spill Prevention, Control, and Countermeasure (“SPCC”) planning, applicable to an owner or operator of an onshore facility, which, due to its location, reasonably could be expected to discharge oil into or on navigable waters and their adjoining shorelines in such quantities as EPA has determined in 40 C.F.R. Part 110 may be harmful to the public health or welfare or the environment of the United States.
STATUTORY AND REGULATORY FRAMEWORK. 5. CWA § 301(a), 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States, except as authorized by a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA § 402, 33 U.S.C. § 1342.
6. CWA § 402, 33 U.S.C. § 1342, establishes the NPDES program and authorizes the EPA and authorized states to issue permits governing the discharge of pollutants from point sources into waters of the United States and CWA § 402(p), 33 U.S.C. § 1342(p) requires that NPDES permits be issued for stormwater discharges “associated with industrial activity.”
STATUTORY AND REGULATORY FRAMEWORK. 5. Sections 311(j)(1)(C) and (5) of the Act, 33 U.S.C. §§ 1321(j)(1)(C) and (5), provide that the President shall issue regulations “establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil . . . from onshore facilities . . . and to contain such discharges ”
6. Initially by Executive Order 11548 (July 20, 1970), 35 Fed. Reg. 11,677 (July 22, 1970), and most recently by Section 2(b)(1) of Executive Order 12777 (October 18, 1991), 56 Fed. Reg. 54,757 (October 22, 1991), the President delegated to EPA the authorities under Sections 311(j)(1)(C) and (j)(5) of the Act, 33 U.S.C. §§ 1321(j)(1)(C) and (5), to issue regulations.
7. EPA subsequently promulgated regulations, codified at 40 C.F.R. Part 112 (the “Oil Pollution Prevention Regulations”), pursuant to its delegated statutory authorities and pursuant to its authorities under the Act, 33 U.S.C. § 1251 et seq.
8. The Oil Pollution Prevention Regulations establish certain procedures, methods, and requirements, applicable to an owner or operator of a non-transportation related onshore facility, which, due to its location, reasonably could be expected to discharge oil into or upon navigable waters and their adjoining shorelines in such quantities as EPA has determined in 40 C.F.R. Part 110 may be harmful to the public health or welfare or the environment of the United States. See 40 C.F.R. § 112.1(b).
STATUTORY AND REGULATORY FRAMEWORK. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants, except in compliance with, inter alia, Section 402 of the CWA, 33 U.S.C. § 1342. Section 402 of the CWA provides that pollutants may be discharged in accordance with the terms of a National Pollutant Discharge Elimination System (“NPDES”) permit issued pursuant to that Section.
STATUTORY AND REGULATORY FRAMEWORK. 5. Section 311(b)(3) of the Act, 33 U.S.C. § 1321(b)(3), prohibits “[t]he discharge of oil or hazardous substances into or upon the navigable waters of the United States [and] adjoining shorelines . . . in such quantities as may be harmful….”
