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Claim Of Reduced Responsibility Due To Contractor Status Doesn't Hold Water

Monday, February 04, 2008 02:17 pm

Claim Of Reduced Responsibility Due To Contractor Status Doesn't Hold Water

Contractor status does not let a contractor off the hook for violations of the Clean Water Act (CWA) even though the contractor adhered to the contract, a federal district court in Oregon recently found.

CWA violation occurs where there is: discharge of a pollutant; into navigable waters; from a point source; without a discharge permit. Committee To Save Mokelumne River v. East Bay Mun. Utility Dist., 13 F.3d 305, 309 (9th Cir. 1993).

In 2000, the United States Army Corps of Engineers (Corps) granted Oregon's Coos County authorization to install a 60-mile natural gas pipeline and lateral pipelines pursuant to Title 33 of the CWA (33 USCS 1344) and Nationwide Permit 12. In 2003, Coos County contracted with Mas [...]

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