Question: 3 for each of the following hypotheticals explain whether or...
3. For each of the following hypotheticals explain whether or not “knowing” conduct is involved for purposes of a CWA prosecution of a knowing discharge of a pollutant via a point source without an NPDES permit. Please explain the reasons for your decisions whether or not the conduct has been undertaken “knowingly.”
A. Burton Oil Company owns a pipeline that runs along a canal. Burton oil performs regular pipeline maintenance and conducts periodic pipeline inspections. Despite these precautions, the pipeline unexpectedly bursts, causing a massive oil spill directly into the canal.
B. JK Manufacturing owns a facility next the Delaware River in New Jersey. Wastewaters from the manufacturing process are stored in an above-ground tank next to the river. One night the manager of the facility hooks up a hose to the tank, places the other end into the Delaware River and opens the tank valve release 20,000 gallons of wastewater into the Delaware River.
C. MMR Manufacturing owns a facility next the Delaware River in New Jersey. Wastewaters from the manufacturing process are stored in an above-ground tank next to the river. The manager of MMR tells an employee to hook a hose up to the tank and to place the other end into a tanker truck at the plant which will take the wastewaters off-site the next day. The employee hooks up the hose but becomes distracted by a fire that breaks out at the plant. The other end of the hose rolls into the Delaware River. Thinking that the hose is connected to the tanker truck, the manager opens the valve on the tank releasing the wastewater in the tank into the Delaware River.
D. A tugboat owned by Dime Transport Service pulls into a cove on the river for the night. A member of the crew opens a valve to dispose of oil that has accumulated in the boat’s bilge. The open valve releases the oil directly into the river.
E. An auto mechanic collects used oil after performing a number of oil changes over the course of the week. The company that usually collects the oil for disposal has informed the mechanic that the cost for collecting the oil has tripled in price due to the need to buy new processing equipment mandated by new state regulations. Rather than give the oil to the collection company, the mechanic pours three barrels of used oil into a nearby stream.