Sunday, January 5, 2020

Environmental Response, Compensation, And Liability Act

Problem 1 a) What federal statutes did Mr. Bankfiend violate in connection with each of the two restoration projects discussed above? There are three main federal statutes that can be applied to this situation. The statutes are: 1) Clean Water Act (CWA), 2) Oil Pollution Act (OPA) and, 3) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Clean Water Act CWA  § 402 In order to violate Section 402, a plaintiff must prove that the defendant discharged a pollutant into navigable waters from a point source without a permit. Given that Mr. Bankfiend was an investment banker and had no knowledge or experience in running a hotel or a fishing outing business, it seems that he did not apply for a NPDES permit.†¦show more content†¦So, the entrance hall expansion project is not in violation of Section 402. But, the second project did have leaching into Middle Fork, which is considered a navigable water because it is a river owned by the USA and not a private entity. The term pollutants can be defined as dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. The leaching of chemicals from the timbers can be categorized under chemical wastes (from timbers) into the pollutant category. These chemicals have also altered the integrity of the water since it has shown to decrease the fish population in Middle Fork. In addition to this, the gasoline can also be considered a conventional pollutant since it is related to oil and it alters the physical integrity of the water by creating a sheen. The term point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Also, the point source need not be the original source of the pollutant and it embodies the broadest possible definition of any identifiable conveyance. In

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