Marine pollution

Marine pollution is a pervasive problem, reaching ocean waters from a multitude of sources. Point source discharges include industrial and municipal effluents which flow from pipes to the marine environment. Ocean dumping, arguably a form of point source pollution, includes the disposal of sewage sludge, industrial wastes, medical wastes, dredged materials, and many other pollutants. Nonpoint sources of waste include runoff from urban areas, agriculture, mining, and industrial and construction sites. Oil and other hazardous materials may enter the ocean by intentional or accidental discharges from vessels or oil platforms. Vessels and oil platforms also contribute to the problem of persistent marine debris by disposal of plastics and non-biodegradable solid wastes at sea.

Management tools addressing marine pollution

The Clean Water Act (CWA) creates a dual regulatory system for protecting navigable waters. At the federal level, the Environmental Protection Agency (EPA) has primary responsibility for implementing and monitoring those provisions of the Act which regulate the quality of the nation's water and protect wetlands. The U.S. Army Corps of Engineers (Corps) has a nondiscretionary duty to regulate the discharge of dredged or fill materials by issuing permits and has the authority to enforce permit violations.

In addition, Congress created a nationwide permitting system to implement uniform national pollution standards for effluent discharges from point sources. Rather than focusing on the site specific issue of the quality of a certain water body, the federal effluent limitations reflected in the National Pollutant Discharge Elimination System (NPDES) are based on the extent of technological capability to remove pollutants from discharges with a goal of removing all pollutants.

At the state level, the Board of Trustees of the Internal Improvement Trust Fund (Trustees) and the Department of Environmental Protection (DEP) administer policies dealing with pollution of Florida waters. The DEP, in conjunction with the water management districts (WMDs), regulates the water quality aspects of ocean pollution. It also implements state law governing wetlands and dredge and fill activities. The Trustees' authority relates to resource rights and uses of state sovereignty submerged lands.

Florida has established its own water quality standards and permitting requirements for sources of pollution, and has administered its own approved NPDES permit program since May 1995. Discharges must meet NPDES criteria for pollutant levels in point source discharges and may not cause a violation of quality standards in the receiving water body.

The DEP's goal with regard to stormwater discharge is "to protect, preserve and restore the quality, quantity and environmental values of water resources." By law, water management districts, DEP districts and local governments are required to cooperate and implement a comprehensive stormwater management program designed to minimize the adverse effects of stormwater on land and water resources. These programs are to be designed to improve and restore the quality of waters that do not meet state water quality standards and maintain the water quality of those waters which meet or exceed state water quality standards.

The first two titles of the federal Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA) constitute what is known as the Ocean Dumping Act (ODA).

The ODA defines ocean "dumping" broadly as "a disposition of material" and provides a list of material covered by this definition, including but not limited to solid wastes, garbage, industrial waste, radioactive waste, sewage sludge, incinerator residue, rock, waste, discarded equipment, and dredged materials.

The EPA is charged with enforcing the ODA. The general conditions which are required to be met prior to issuing a permit for ocean dumping are substantially similar to those required for CWA permits. The EPA may grant permits for ocean dumping of nondredged materials that "will not unreasonably degrade or endanger human health, welfare or amenities, or the marine environment, ecological systems, or economic potentialities."

In addition, the ODA authorizes the Corps to issue permits for dumping dredged material. Under Section 404 of the CWA, the Corps also has authority to permit the discharge of dredged materials into navigable waters. Because dredged materials (up to three percent of which are considered to be highly contaminated with toxins) constitute more than ninety percent of all material dumped in the nation's ocean waters, Section 103 of the ODA and Section 404 of the CWA give the Corps of Engineers tremendous regulatory authority in the area of ocean pollution.

While the CWA remains the framework for dealing with oil pollution in U.S. waters, the Oil Pollution Act of 1990 (OPA) amends portions of the CWA by clarifying federal response authority, increasing penalties and raising limits on liability for oil spills, requiring tank and vessel response plans, and providing contingency plans for designated areas.

At the state level, Florida has long recognized that pollution resulting from oil spills, discharges, or escapes poses threats of great damage to the state's environment. Consequently, the Florida Legislature created the Pollutant Discharge Prevention and Control Act. The Act largely parallels provisions of the federal CWA in that it prohibits coastal and ocean discharges of pollutants and provides that any person discharging a pollutant into Florida waters is responsible for the immediate cleanup of the substance.

Finally, in recognition that pollution of the seas by oil is a truly international issue, nations have negotiated a number of treaties to control intentional discharges and to minimize accidental discharges. In addition to these public law treaties, private oil companies have created a worldwide insurance syndicate for compensation of damages arising from oil tanker spills. The Tank Owners' Voluntary Agreement concerning Liability for Oil Pollution (TOVALOP) provides cleanup costs to governments up to $10 million, and the Contract Regarding an Interim Supplement to Tanker Liability (CRISTAL) extends coverage to other governmental costs and private damages.