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 Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter January 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

BAE Systems Awarded £201m to Advance Successor Sub Design

The U.K. Ministry of Defence (MoD) has awarded BAE Systems £201 million to further the design of a successor to the Royal Navy's Vanguard class submarines.   The

Indonesian Navy Orders MAN Engine for Training Ship

MAN Diesel & Turbo has received an order for an MAN 6L21/31 engine to power a newbuilding cadet training sailing ship for the Defence Ministry of the Republic of Indonesia.

GTT, DSME Partner for NO96 Max Development

GTT signs a cooperation agreement with Daewoo Shipbuilding & Marine Engineering aiming at the industrialization of its NO96 Max technology   GTT, a designer of

Legal

SBM Offshore: US Authorities Reopen Corruption Probe

SBM Offshore, the world's top oil production ship leasing company, said on Wednesday that U.S. authorities had re-opened an inquiry into bribery allegations involving the Dutch company.

Caterpillar Names Official Dealer for Cuba

Caterpillar Inc. has named privately owned Puerto Rico-based company Rimco as the official Cat dealer for Cuba. Rimco, a longtime Cat partner, currently serves

U.S. Okays ConocoPhillips Alaska LNG Exports

The U.S. Department of Energy approved ConocoPhillips' application to export about 40 billion cubic feet of natural gas from its Kenai liquefied natural gas export

 
 
Maritime Contracts Maritime Security Maritime Standards Naval Architecture Offshore Oil Pipelines Salvage Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | 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: 0.0664 sec (15 req/sec)