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 November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Wärtsilä to Begin Building LNG Terminal in January

Wärtsilä has been given full notice to proceed (NTP) from Manga LNG Oy for the supply of a liquefied natural gas (LNG) import terminal in Tornio, Northern Finland.

Polarcus Awarded 3D Project Off West Africa

Polarcus Limited has signed a letter of intent with Perenco Oil & Gas Gabon S.A. for a 3D marine seismic acquisition project offshore West Africa.   The project,

Boskalis, VolkerWessels Win Offshore Wind Farm Work

Royal Boskalis Westminster N.V., in partnership with Volker Stevin International (VolkerWessels), has been awarded a contract by Iberdrola Renewables Offshore Deutschland

Legal

Denmark Issues New Pilotage Regulations

In an effort to make the pilotage market more efficient, the Danish Maritime Authority (DMA) issued several new regulations following on amendments to the pilotage act.

US Shippers, West Coast Dockworkers Union Resume Contract Talks

Negotiators for shipping lines and terminal operators at 29 U.S. West Coast ports resumed contract talks with the union for dockworkers on Thursday, as cargo backups continued at the ports,

Report: Dire Conditions in Indian Shipbreaking Yards

Report by Indian research institute reveals poor enforcement of occupational health and safety provisions   The working and living conditions at the shipbreaking yards of Alang,

 
 
Maritime Careers / Shipboard Positions Maritime Security Navigation Offshore Oil Pod Propulsion Port Authority Ship Repair Ship Simulators Shipbuilding / Vessel Construction Sonar
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: 0.0889 sec (11 req/sec)