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.
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 ….”
STATUTORY AND REGULATORY FRAMEWORK. 6. 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 307(d) of the CWA, 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 Act, 33 U.S.C. § 1317(b).
STATUTORY AND REGULATORY FRAMEWORK. 5. 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. 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….”
STATUTORY AND REGULATORY FRAMEWORK. 6. 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. 1. RCRA, enacted on October 21, 1976, and subsequently amended, establishes a framework for the regulation of the handling and management of non-hazardous and hazardous solid wastes. See 42 U.S.C. § 6901, et seq.
STATUTORY AND REGULATORY FRAMEWORK. 3.1. As provided in CWA Section 101(a), 33 U.S.C. § 1251(a), the objective of the CWA is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”
STATUTORY AND REGULATORY FRAMEWORK. 6. CWA Section 301(a), 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants, including dredged and fill material, from a point source into navigable waters of the United States, except as authorized by a CWA permit. Under Section 404 of the CWA, 33 U.S.C. § 1344, the U.S. Army Corps of Engineers (“Corps”) issues permits for the discharge of dredged or fill material into navigable waters of the United States.
