147 
ER 1145-2-301 
1 July 68 
into the navigable waters of the United States. However, such authority 
is possessed by the Secretary of the Army under Section 13 of the Act 
of 3 March 1899 (30 Stat. 1152; 33 U.S.C. 407), commonly referred to 
as the Refuse Act. A recent decision of the Supreme Court (United 
States v. Standard Oil Company, 384 U.S. 224) has held that oil is 
refuse within. the scope of this Act. The Refuse Act is of a broad 
application, and does not require any showing of fault on the part of 
one who discharges refuse. The Refuse Act therefore constitutes an 
effective tool for the prevention of oil pollution. 
e. District and Division Engineers will undertake a vigorous 
enforcement program, in cooperation with other appropriate Federal 
agencies, of oil pollution discharges from all sources. All discharges 
from vessels will be reported to the local U. S. Attorney for filing 
of a libel in rem against the vessel for collection of the penalties 
prescribed by Section 16 of the Act of 3 March 1899 (30 Stat. 1153; 
SS aURio.C 412). Discharges from shore installations and terminal 
facilities will be reported to the Chief of Engineers for referral to 
the Department of Justice for criminal prosecution. 
d. District Engineers will advise the regional representatives 
of the Federal Water Pollution Control Administration of each instance 
of pollution of all navigable waters of the United States by oil and 
oil derivatives in violation of Section 13 of the Act of 3 March 1899 
(30 Stat. 1152; 33 U.S.C. 407), the Refuse Act, and of each case referred 
to the Department of Justice for prosecution. 
e. Instructions substantially as outlined in this subparagraph 
relative to enforcement of the Oil Pollution Act, 1924 have been issued 
by the Coast Guard to all District Coast Guard Officers. Upon the 
detection by the Coast Guard Captain of the Port or other officer that 
oil is being or has been discharged into or upon the coastal or navi- 
gable waters of the United States by any vessel, a complete investigation 
and report will be made of the incident, which will include the names 
of witnesses, samples, and all other pertinent details. This report 
will be forwarded immediately to the District Engineer in all cases for 
his action relative to subsequent prosecution procedure. If the vessel 
involved is of American registry, a duplicate report will be forwarded 
to the Office of the Chief of Marine Inspection. If the report indicates 
that the spill resulted from the incompetence, negligence, inattention 
to duty, or misconduct of any licensed or certificated personnel, the 
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