BP could face massive fines under Clean Water Act
By Les Blumenthal | McClatchy Newspapers
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Since 1985, one general discharge permit has covered all offshore oil operations in the Gulf; individual site-by-site discharge permits aren't issued. A company that wants to operate in the Gulf applies for coverage under the general permit.
The permit covers everything from drilling fluids to bilge water, but there are only passing references to oil discharges such as those in a spill. The permit bars the discharge of "free oil," but its emphasis is on other pollutants.
Even so, the permit could become the underpinning for lawsuits because, among other things, it bars discharges of benzene, naphthalene, arsenic, mercury and other toxic chemicals that could be found in the crude oil.
In addition, the permit discourages the use of dispersants because they can "disperse and emulsify oil, thereby increasing the toxicity." BP already has used thousands of gallons of dispersants.
"Failure to comply with the permit is a violation of the Clean Water Act," said Tracy Hester, the director of the University of Houston's Environment, Energy and Natural Resources Center. "It would be the foundation of any enforcement action. There are tons of lawyers looking at this."
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