1998 Year of the Ocean Perspectives on Marine Environmental Quality 



CERCLA § 104(a)(1). Example of steps include: dredging contaminated sediments, repairing 

 leaking containers, collecting rain water runoff and relocating displaced residents. 



2) Damages for natural resource injuries — CERCLA authorizes the trustees for natural resources, to 

 seek damages from responsible parties to restore or replace natural resources injured by exposure to 

 hazardous substances. CERCLA 

 §§ 107(a)(4)(C) and 107(f). 



Federal Water Pollution Control Act , as amended, also called the Clean Water Act , as amended 

 (CWA), 33 U.S.C. §§ 1251 et seq. 



The CWA establishes the basic scheme for restoring and maintaining the chemical, physical, and 

 biological integrity of the nation's waters. The primary mechanism in the CWA regulating the 

 discharge of pollutants is the National Pollutant Discharge Elimination System (NPDES), which is 

 administered by the Environmental Protection Agency (EPA). Under the NPDES program, a permit 

 is required from EPA or an authorized state for the discharge of any pollutant from a point source 

 into the waters of the United States. This includes discharges associated with oil and gas 

 development on federal leases beyond state waters. An NPDES permit for certain stormwater 

 discharges also is required. Permit discharge limits are technology-based and, where technology- 

 based limits would not protect desired water quality for a particular water body in which the 

 discharge takes place, based on state water quality standards, which are developed by the states 

 using EPA guidance and are intended to protect the designated uses of the water body. In the case 

 of discharges to the territorial sea or beyond, permits are also subject to the ocean discharge criteria 

 developed under section 403 of the act. Permits for discharges into the territorial sea or internal 

 waters may be issued by states following approval of their permit program by EPA; in the absence 

 of an approved state permit program, and for discharges beyond the territorial sea, EPA is the 

 permit-issuing authority. 



The CWA was amended in 1987 to include the current non-point source (NPS) program. Under this 

 program (section 319), states must develop management programs to address NPS runoff, including 

 the identification of best management practices and measures. In addition, section 319 authorizes 

 grants to assist the states in implementing their approved management programs. 



The CWA generally prohibits discharges of oil and hazardous substances into coastal or ocean 

 waters except where permitted under the Protocol of 1978 Relating to the International Convention 

 for the Prevention of Pollution from Ships. The U.S. Coast Guard (USCG) investigates and 

 responds to discharges of oil and hazardous substances into coastal or ocean waters in accordance 

 with the National Contingency Plan (NCP). The USCG, with the cooperation of EPA, generally 

 administers the NCP when oil or a hazardous substance is discharged into coastal or ocean waters. 

 Regional contingency plans and area contingency plans are developed to implement the NCP. 



The CWA (section 312) requires vessels with installed toilet facilities and operating on the 

 navigable waters of the U.S. to contain operable marine sanitation devices certified as meeting 



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