The 1899 Refuse Act
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4. PROCEDURE FOR CITIZEN TO SEEK ENFORCEMENT OF REFUSE ACT—A. The citizen having information about any discharge of refuse into navigable waters should first ascertain whether the discharge is authorized by Corps permit. If a permit is in effect, the citizen should endeavor to ascertain whether the permittee is complying with its terms. This information can be obtained from the appropriate office of the Corps of Engineers with jurisdiction over the particular waters into which the discharge occurs. Such information is available to the public under the Freedom of Information Act (5 U.S. Code 552; Public Law 90-23). B. The Refuse Act specifically directs that the appropriate United States attorney shall "vigorously prosecute all offenders." (Title 33, United States Code, section 413.) In order to do so he needs adequate information to prove that the discharges were made and that they violated the law or the conditions of the permit. Furthermore, the statute specifies that the citizen's right to one-half of the fine is conditioned on his providing to the U.S. Attorney information sufficient to LEAD TO A CONVICTION OF THE VIOLATOR.
RELATED CONTENT
In providing information to the U.S. Attorney, the citizen should make a detailed statement, sworn to before a notary or other officer authorized to administer oaths, setting forth:
(a) the nature of the refuse material discharged;
(b) the source and method of discharge;
(c) the location, name, and address of the persons causing or contributing to the discharge;
(d) the name of the waterway into which the discharge occurred;
(e) each date on which the discharge occurred;
(f) the names and addresses of all persons known to you, including yourself, who saw or knows about the discharges and could testify about them if necessary;
(g) a statement that the discharge is not authorized by Corps permit, or, if a permit was granted, state facts showing that the alleged violator is not complying with any condition of the permit;
(h) if the waterway into which the discharge occurred is not commonly known as navigable, or as a tributary to a navigable waterway, state facts to show such status;
(i) where possible, photographs should be taken, and samples of the pollutant or foreign substance collected in a clean jar which is then sealed. These should be labeled with information showing who took the photograph or sample, where, and when, and how; and who retained custody of the film and jar.
