Water Enforcement Bulletin: Issue 16: An Update of Cases Relating to Water Enforcement. October 1998 - June 1999 Cases in Review

摘要

In this issue the cases are: Second Circuit holds that discharge of waste slurry through drain into storm water discharge system that led into natural tributary of a navigable water constituted discharge of pollutants to waters of the U.S.: United States v. TGR Corp; District court holds that the purposeful relocation of materials within wetland does not constitute incidental fallback, but is more similar to sidecasting, which is subject to Section 404 of the CWA: United States v. Bay-Houston Towing Co., and D.C. Circuit finds that EPA reasonably interpreted the CWA as precluding challenge to a state-issued permit in a federal enforcement action and upholds administrative penalty for violations of NPDES storm water permit related to discharges from roofs of buildings and gutters: GMC v. U.S. EPA.