U.S. Ocean Pollution Laws Help Clean Up Oceans

Federal Clean Water Regulations Limit Oil Spills & Marine Pollution

Nov 17, 2009 Jason Parent

Four Congressional Acts control pollution in U.S. waters: the Clean Water Act; the Ocean Dumping Act; the Oil Pollution Act; and the Coastal Zone Management Act.

With the existence of island-sized, ocean pollution masses, every country must do its part to insure preservation of the world's diverse marine ecosystems — for human and marine life alike. The United States is no exception. Existing federal regulation minimizes oil spills, ghost nets, plastic debris, and other forms of ocean pollution. Is it enough?

Four federal laws regulate the primary causes of ocean pollution. They are:

Federal Water Pollution Control Act;
Marine Protection, Research, and Sanctuaries Act;
Oil Pollution Prevention, Response, Liability, and Compensation Act; and
Coastal Zone Management Act.

The Federal Water Pollution Control Act (Clean Water Act)

The Federal Water Pollution Control Act, commonly known as the Clean Water Act (CWA), bans “the discharge of any pollutant by any person” into navigable waters. 33 U.S.C. § 1311. The term "any pollutant," however, does not mean any pollutant. Rather, “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" constitute pollutants. 33 U.S.C. § 1362(6).

The CWA sounds fairly inclusive until one reads what it does not prescribe — "sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces." 33 U.S.C. § 1362(6). This might make one wonder whether a jettisoned torpedo leaking nuclear waste as it travels would constitute "a discharge incidental to the normal operation of a vessel of the Armed Forces." Nevertheless, those who use the ocean as their personal toilets while at the beach will be happy to know that massive vessels, loaded with human waste, are free to do so as well.

The CWA's objective is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a). It reigns over U.S. territorial waters, focusing on point sources. 33 U.S.C. § 1362(12).

The Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act)

The Marine Protection, Research, and Sanctuaries Act, a.k.a. the Ocean Dumping Act, denotes Congress' understanding that “[u]nregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities." 33 U.S.C. § 1401(a). Despite its nickname, the Act does not prohibit ocean dumping. Instead, it bans the transport of waste:

"no person shall transport from the United States, and
in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location

any material for the purpose of dumping it into ocean waters.” 33 U.S.C. § 1411.

The Ocean Dumping Act thus regulates vessels. Like the CWA, it covers U.S. territorial waters. 33 U.S.C. § 1411(b).

The Oil Pollution Prevention, Response, Liability, and Compensation Act

The Oil Pollution Prevention, Response, Liability, and Compensation Act (OPA) imposes strict liability on vessel owners for clean-up costs and damage corresponding to oil spills. Specifically:

“[E]ach responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) that result from such incident.” 33 U.S.C. § 2702(a).

The OPA reaches more territory than other regulations, covering the nation's exclusive economic zone and territorial sea. Also, the Act establishes an Oil Spill Liability Trust Fund for immediate use in the event of a spill and requires oil tankers to be equipped with double hulls. 26 U.S.C. § 9509; 46 U.S.C. § 3703a(a)(1)-(2).

The Coastal Zone Management Act

The Coastal Zone Management Act recognizes that “[t]he habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations.” 16 U.S.C. § 1451(d). The Act governs "those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.” 16 U.S.C. § 1453(3).

States along the U.S. coastlines must manage nonpoint pollution sources (e.g., runoff). 16 U.S.C. § 1455(b). These states receive federal funding to create pollution management programs. 16 U.S.C. § 1455.

Combined, Federal Ocean Pollution Laws Are Comprehensive, but Are They Pollution Solutions?

The four laws certainly prohibit tons of ocean pollution on paper. Combined with marine species conservation laws, they cover most harms to marine ecosystems. But do they work?

Ocean pollution is a never-ending problem. Federal legislation is limited in that it can only cover U.S. waters — nothing regulates pollution floating in from foreign sources. But even within U.S waters, long, vacant stretches of ocean goes unregulated, the government lacking the resources to patrol them. What prevents a polluter from dumping waste when no eyes are upon him?

Nothing, currently. However, with the imposition of stricter penalties and huge fines, perhaps more potential polluters would be deterred.

The copyright of the article U.S. Ocean Pollution Laws Help Clean Up Oceans in Environmentalism is owned by Jason Parent. Permission to republish U.S. Ocean Pollution Laws Help Clean Up Oceans in print or online must be granted by the author in writing.

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