NCJ Number
7905
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 63 Issue: 3 Dated: (SEPTEMBER 1972) Pages: 366-376
Date Published
1972
Length
11 pages
Annotation
CONSIDERATION OF THE EFFECTIVENESS OF THE REFUSE ACT OF 1899, THE FEDERAL WATER POLLUTION CONTROL ACT-FWPCA, AND THE REFUSE ACT PERMIT PROGRAM.
Abstract
EXPERIENCE WITH THE ENFORCEMENT OF OTHER ECONOMIC REGULATIONS SUGGESTS THAT THE RELATIVELY MINOR CRIMINAL PENALTIES IMPOSED BY THE REFUSE ACT PROVIDE LITTLE DETERRENCE AGAINST AN ACTIVITY NOT YET WIDELY REGARDED AS CRIMINAL. THE THREE PROGRAMS WHEN CONSIDERED TOGETHER CONSTITUTE A CONFUSING, CONTRADICTORY, AND SELDOM EFFECTIVE SCHEME FOR REGULATING WATER POLLUTION. TO ELIMINATE THE CONFUSION PRODUCED BY THE EXISTING SERIES OF LEGISLATIVE ENACTMENTS DEALING WITH WATER POLLUTION AND TO INSURE NON-DEGRADATION OF THE WATERWAYS, A COMPREHENSIVE RE-EXPRESSION OF CONGRESSIONAL INTENT IS NECESSARY-ONE THAT HAS AS ITS AIM THE EVENTUAL ELIMINATION OF ALL DISCHARGES. CONGRESS MUST ESTABLISH A READILY ENFORCIBLE ENFORCEMENT PROCEDURE WITH MEANINGFUL DETERRENT LEVELS. THIS PROCEDURE MIGHT PROVIDE CIVIL PENALTIES FOR NEGLIGENT AND MINOR OFFENSES WITH CRIMINAL SANCTIONS LIKE THOSE OF THE REFUSE ACT BUT WITH MORE STRINGENT PUNISHMENTS RESERVED FOR CASES OF WILLFUL AND EXTREME VIOLATIONS. SUCH A SCHEME WOULD PRESERVE THE STIGMA OF CRIMINALITY FOR BLATANT VIOLATIONS WHERE CULPABILITY IS GREATEST, AND ESTABLISH MORE EFFECTIVE CRIMINAL DETERRENTS. (AUTHOR ABSTRACT)