Sec. 3. Affirmative defenses
238 words·~1 min read·
/bill/116/hr/892/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended by adding at the end the following new subsection: There shall be no liability under this Act for a person otherwise liable for the unlawful discharge of a pollutant who can establish by a preponderance of the evidence that the immediate cause of the unlawful discharge and any damages was— an act of God; an act of war; an act or omission of a third party (unless such third party is an employee or agent of such person, or such third party’s act or omission occurred in connection with a contractual relationship, existing directly or indirectly, with such person), if such person establishes by a preponderance of the evidence that such person— exercised due care in light of all relevant facts and circumstances; and took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or any combination of subparagraphs (A), (B), and (C).
All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply to a person otherwise liable for the unlawful discharge of a pollutant under this Act and shall be determined by the courts of the United States according to the principles of common law as may be interpreted in light of reason and experience. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3
Affirmative defenses
Cites 1Cited by 0 across 0 sources