Refuse Act
Encyclopedia
The Refuse Act is a United States
federal statute
governing use of waterway
s. The Act, a section of the Rivers and Harbors Act of 1899
, prohibited "dumping of refuse" into navigable waters, except by permit.
, the federal government
began to use the Act to control pollution. The government pursued court cases to prosecute dischargers of industrial waste
to waterways. Notable cases include United States v. Republic Steel Corp. (1960) and U.S. v. Standard Oil Co. (1966).
had enacted the Federal Water Pollution Control Act (FWPCA) in 1948 to address water pollution problems, but this law gave the government limited enforcement authority. The Department of Interior, which administered the FWPCA (prior to 1972), developed a policy with the Department of Justice
and the Army Corps of Engineers to use the Refuse Act as an enforcement tool, to complement the FWPCA. In 1970 President Richard Nixon
issued an Executive Order creating a new permit program under the Refuse Act. The focus of the new permit program was on industrial pollution.
The Corps of Engineers began to issue the new discharge permits, but in 1971 a legal challenge halted the program.
.) Included in the legislation was a new discharge permit program, called the National Pollutant Discharge Elimination System (NPDES), which replaced the Refuse Act permit program. The amendments assigned lead responsibility for implementation of NPDES to the newly-formed 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.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
governing use of waterway
Waterway
A waterway is any navigable body of water. Waterways can include rivers, lakes, seas, oceans, and canals. In order for a waterway to be navigable, it must meet several criteria:...
s. The Act, a section of the Rivers and Harbors Act of 1899
Rivers and Harbors Act of 1899
The Rivers and Harbors Appropriation Act of 1899 is the oldest federal environmental law in the United States. The Act makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters, or tributaries thereof, of the United States without a permit; this specific provision is...
, prohibited "dumping of refuse" into navigable waters, except by permit.
Implementation history
The Army Corps of Engineers administered the Act and initially focused on controlling debris that obstructed navigation.Pollution control litigation in the 1960s
In the 1960s, due to increasing public and governmental concern about water pollutionWater pollution
Water pollution is the contamination of water bodies . Water pollution occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove harmful compounds....
, the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
began to use the Act to control pollution. The government pursued court cases to prosecute dischargers of industrial waste
Industrial waste
Industrial waste is a type of waste produced by industrial activity, such as that of factories, mills and mines. It has existed since the outset of the industrial revolution....
to waterways. Notable cases include United States v. Republic Steel Corp. (1960) and U.S. v. Standard Oil Co. (1966).
1970 Discharge permit program
CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had enacted the Federal Water Pollution Control Act (FWPCA) in 1948 to address water pollution problems, but this law gave the government limited enforcement authority. The Department of Interior, which administered the FWPCA (prior to 1972), developed a policy with the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
and the Army Corps of Engineers to use the Refuse Act as an enforcement tool, to complement the FWPCA. In 1970 President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
issued an Executive Order creating a new permit program under the Refuse Act. The focus of the new permit program was on industrial pollution.
The Corps of Engineers began to issue the new discharge permits, but in 1971 a legal challenge halted the program.
1972 FWPCA Amendments
Congress enacted major amendments to the FWPCA in 1972. (See Clean Water ActClean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
.) Included in the legislation was a new discharge permit program, called the National Pollutant Discharge Elimination System (NPDES), which replaced the Refuse Act permit program. The amendments assigned lead responsibility for implementation of NPDES to the newly-formed 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.