Page 10: of Maritime Reporter Magazine (May 2005)

Marine Enviroment Edition

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10 Maritime Reporter & Engineering News

Just when ship owners and operators thought that the U.S. Environmental

Protection Agency (EPA) was (for the most part) a problem only for landlub- bers, a court decision has come along to shake one out of such complacency.

The story opens in 1972, when

Congress adopted significant amend- ments to the Federal Water Pollution

Control Act (FWPCA), commonly referred to as the Clean Water Act (CWA). Among the various provisions in this lengthy statute was one prohibit- ing discharge of any pollutant from any point source into navigable waters of the

United States. The term "point source" includes vessel or other floating craft.

The major exception to this broad prohi- bition was for discharges for which the

EPA had granted a permit under the

National Pollutant Discharge

Elimination System (NPDES).

The NPDES is a complex and detailed program for controlling discharges of pollutants into waters of the United

States. It allows factories and other point sources to continue to operate, but places limits on what can be discharged and in what quantities. The EPA permits frequently require monitoring of the dis- charges by the permittees, along with extensive recordkeeping. The EPA has authority to make unannounced inspec- tions and review the records. Not infre- quently, a permittee is cited or fined for recordkeeping violations.

Pollutant, as defined by the FWPCA, is very broad and includes solid waste, garbage, chemical wastes, biological materials, and heat, among other things.

The 1972 Act included a provision deal-

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Circle 229 on Reader Service Card

Government Update

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN.

Do You Have a Permit?

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Maritime Reporter

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