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 November 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


Suez Canal Pacts with SCCT-Maersk

Chairman of the Suez Canal Authority (SCA), Vice Admiral Mohab Mamish, signed a settlement agreement with the Suez Canal Container Terminal (SCCT-Maersk), says Daily News Egypt.

Royston Appoints New US Distributor

Diesel power engineering specialist Royston has appoint a new U.S.-based distributor, citing growing interest in its advanced Enginei marine fuel management and monitoring systems.

MacGregor Wins Orders for Pusnes Deck Machinery

MacGregor, part of Cargotec, announced it has secured orders for a series of Pusnes deck machinery packages for several shipowners. The Pusnes equipment has been


Shipping to See Further Consolidation

The CMA CGM's move to buy Singapore’s Neptune Orient Lines (NOL), could lead to one of the biggest acquisitions in the shipping container industry in years.   If it goes through,

CMA CGM Slashes Fleet CO2 Emissions by 50%

CMA CGM, a leading worldwide shipping Group, is pleased to announce a 50% improvement in its CO2 performance for its owned fleet. Thanks to an efficient environmental

U.S. Ups Philippines Aid as South China Sea Turmoil Builds

The United States has raised its military aid to the Philippines this year to $79 million, the U.S. ambassador said on Wednesday, as tension rises in the region

Maritime Contracts Maritime Standards Navigation Offshore Oil Pipelines Port Authority Ship Repair Ship Simulators 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: 0.0587 sec (17 req/sec)