Vessel Sewage Exception

Wednesday, August 04, 2004
The U.S. Court of Appeals for the Eighth Circuit ruled that it is not a criminal violation of the Federal Water Pollution Control Act (FWPCA) for a vessel to discharge raw sewage into waters of the United States. In the instant case, defendants had converted an old towboat into a floating restaurant. The restaurant was moored fifteen feet from shore on the Mississippi River and was attached to spud poles. Initially, sewage was removed by licensed waste haulers, but eventually the defendants started pumping the sewage directly into the river. Defendants were charged with violation of the provision in the FWPCA that prohibits discharge of pollutants into waters of the United States. The FWPCA provision, though, exempts sewage from a vessel from the definition of pollutant. The court held that, because the floating restaurant was capable of transport, it was a vessel and the “sewage from vessel” exception applied. Note: This sounds like a case of poor initial charging by the U.S Attorney, as other options were available and not utilized. United States v. Templeton, No. 02-1284 (8th Cir.) (HK Law)
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Kleven Shipbuilding Wins IES Pioneer Contract

Norway’s Kleven announced it has signed a shipbuilding contract with Malaysian based joint venture company IES Pioneer Ltd. The vessel is of Norwegian design

Eastern to Build Offshore Vessel for Harvey Gulf

Eastern Shipbuilding announced that on, Wednesday July 16, 2014, Harvey Gulf International Marine, Inc. (HGIM) and Eastern Shipbuilding Group, Inc. (ESG) entered

Suicide Attack Escalates Libya Violence, Oil Output Slips

Crude output slips for first time since port deal; fresh clashes in Tripoli and Benghazi. Brega oil port seen open in few days. A twin suicide bombing at a Libyan

Legal

Maine Port City Bans Oil Loading

City councilors in South Portland, Maine, voted late Monday night to ban the loading of crude oil onto tankers along its waterfront, throwing up yet another roadblock

Electronic Navigation & Dispute Resolution: Coming of Age

ECDIS, AIS, GPS Electronic navigation systems such as GPS, Electronic Chart Displays (ECDIS) and Automatic Identification Systems (AIS) provide great assistance

Korea Ferry Businessman's Body Located

Yoo had been target of South Korea's largest manhunt; Failure of police to catch Yoo had been burden for Park government. The body of South Korea's most wanted man,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Navigation Pipelines Pod Propulsion Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0781 sec (13 req/sec)