CRIME OF 'POLLUTION' - THE ROLE OF FEDERAL WATER POLLUTION CRIMINAL SANCTIONS

• NCJ Number: 16066
• Journal: American Criminal Law Review Volume: 11 Issue: 4 Dated: (SUMMER 1973) Pages: 835-882
• Author(s): M K GLENN
• Date Published: 1973
• Length: 48 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYZES THE EFFECTIVENESS OF THE CRIMINAL SANCTIONS OF THE REFUSE ACT AND THE 1972 AMENDMENTS BY CONSIDERING THE DEFINITIONS OF THE CRIME AND ASSOCIATED SANCTIONS AND THE RESULTS OF IMPLEMENTATION.

Abstract

IT IS CONSIDERED THAT FEDERAL GOVERNMENT'S REVIVAL AND ACTIVE EMPLOYMENT OF THE 1899 REFUSE ACT IN 1970 MARKED THE LAYING OF A FOUNDATION FOR A WIDER RECOGNITION OF THE GOVERNMENT'S INTENTION TO HALT WATER POLLUTION. THE WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 REQUIRE THAT STATE LAWS MUST TREAT POLLUTION IN THE SAME MANNER AS FEDERAL LAW WHICH EMPLOYS STRINGENT FINANCIAL AND INCARCERATION PENALTIES FOR VIOLATIONS. IT IS BELIEVED THAT ENACTMENT OF THE AMENDMENTS HAS ENCOURAGED A FAR GREATER DEGREE OF VOLUNTARY COMPLIANCE WITH POLLUTION ABATEMENT PROGRAMS THAN HERETOFORE. THE USE OF THE CRIMINAL SANCTION IN CONJUNCTION WITH THE PERMIT SYSTEM IS CONSIDERED TO MAKE EFFLUENT LIMITATIONS, SCHEDULES OF COMPLIANCE, AND MONITORING AND REPORTING REQUIREMENTS SPECIFIC AND DIRECTLY ENFORCEABLE.