Refuse Act

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Refuse Act
Pub. L.Tooltip Public Law (United States) 55–425
Statutes at Large30 Stat. 1121 aka 30 Stat. 1152
Codification
Titles amended33 U.S.C.: Navigable Waters
U.S.C. sections created33 U.S.C. ch. 9, subch. I § 407
Legislative history
on March 3, 1899

The Refuse Act is a

navigable waters, except by permit.[1]

Implementation history

The Army Corps of Engineers administered the Act and initially focused on controlling debris that obstructed navigation.[2]: 3 

Pollution control litigation in the 1960s

In the 1960s, due to increasing public and governmental concern about water pollution, the federal government began to use the Act to control pollution.[3] The government pursued court cases to prosecute dischargers of industrial waste to waterways. Notable cases include United States v. Republic Steel Corp. (1960) [4] and U.S. v. Standard Oil Co. (1966).[5]

1970 Discharge permit program

Executive Order creating a new permit program under the Refuse Act. The focus of the new permit program was on industrial pollution.[2]: 3–6 [6]

The Corps of Engineers began to issue the new discharge permits, but in 1971 a legal challenge halted the program.[7]

1972 FWPCA Amendments

Congress enacted major amendments to the FWPCA in 1972. (See

Environmental Protection Agency
(EPA).

Congress did not repeal the Refuse Act. The law is still used by the Corps of Engineers to prevent obstructions to navigation. In some pollution enforcement cases, the federal government has used it as a supplemental authority along with the FWPCA.

References

  1. ^ 33 U.S.C. § 407.
  2. ^ a b U.S. Environmental Protection Agency (EPA), Washington, DC. (1973). "Explanatory Statement: Implementation of the 'National Pollutant Discharge Elimination System' Pursuant to Section 402, Federal Water Pollution Amendments of 1972." 1973-02-07.
  3. ^ EPA (1971). "Toward a New Environmental Ethic." Pamphlet, September 1971. pp. 14-15.
  4. ^ U.S. v. Republic Steel Corp., 362 U.S. 482 (1960).
  5. ^ U.S. v. Standard Oil Co., 384 U.S. 224 (1966).
  6. ^ Executive Order 11574, 1970-12-23.
  7. D.D.C.
    1971.
  8. ^ 33 U.S.C. § 1342.
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