Examples of Refuse Act in a sentence
To the Knowledge of the Sellers, no Person is infringing, misappropriating or otherwise violating, or has in the past two (2) years infringed, misappropriated or otherwise violated, any Seller Intellectual Property.
These include the Federal Water Pollution Control Act (commonly called the Clean Water Act); the Rivers and Harbors Act of 1899 (the Refuse Act); the Clean Air Act; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Toxic Substances Control Act (TSCA); and the Resource Conservation and Recovery Act (RCRA).
In 1971, the Corps promulgated regulations establishing the Refuse Act Permit Program.
The Refuse ActSince its original enactment in 1899, the Refuse Act has prohibited the discharge of refuse matter ‘‘into any navigable water of the United States, or into any tributary of any navigable water.’’ Ch. 425, 30 Stat.
In contrast, the Refuse Act extended Federal jurisdiction over the ‘‘navigable waters of the United States’’ and their tributaries.
While the prohibition of this section, known as the Refuse Act, is still in effect, the permit authority of the Secretary of the Army has been superseded by the permit authority provided the Administrator, Environmental Protection Agency (EPA), and the states under Sections 402 and 405 of the Clean Water Act, (33 U.S.C. 1342 and 1345).
The exception is that anyone who applied to the Corps of /Engineers for a discharge permit under the Refuse Act of 1899 need not reapply for a permit for the same discharge, unless it is substantially changed in nature, volume or frequency; application must also be made for any other discharges not covered by the Refuse Act.
No national pollutant discharge elimination system permits shall be issued by the department based upon any Refuse Act or national pollutant discharge elimination system application which the regional administrator has identified as incomplete or otherwise deficient until the department receives information sufficient to correct the deficiency to the satisfaction of the regional administrator.
In 1966, the Supreme Court upheld the Corps’ interpretation of the Refuse Act as prohibiting discharges that pollute the navigable waters, and not just those discharges that obstruct navigation.United States v.
Instead, EPA-administered NPDES permits were deemed to be permits issued under the Refuse Act.