Federally Permitted Release: A Comprehensive Legal Overview

Definition & Meaning

The term federally permitted release refers to specific types of discharges or emissions that are allowed under federal environmental laws. These include discharges that comply with permits issued under various sections of the Federal Water Pollution Control Act, the Solid Waste Disposal Act, and the Clean Air Act, among others. Essentially, it covers any release of pollutants that meets the requirements set by federal regulations and is documented in public records.

Table of content

Legal Use & context

This term is commonly used in environmental law, particularly in cases involving water and air quality management. It is relevant in both civil and regulatory contexts, where compliance with environmental permits is essential. Users may encounter this term when dealing with permits for wastewater discharges, hazardous waste management, or air emissions. Legal templates from US Legal Forms can assist individuals and businesses in navigating the complexities of these permits and ensuring compliance.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A factory discharges treated wastewater into a river under a permit issued by the Environmental Protection Agency (EPA). This discharge is considered a federally permitted release because it complies with the conditions of the permit.

Example 2: An oil company injects fluids into the ground for enhanced oil recovery, authorized under federal regulations. This action qualifies as a federally permitted release as it adheres to the legal requirements set forth by the Safe Drinking Water Act.

Relevant laws & statutes

The following laws are significant in defining and regulating federally permitted releases:

Federal Water Pollution Control Act (33 USCS § 1342): Governs discharges of pollutants into navigable waters.
Solid Waste Disposal Act (42 USCS § 6925): Regulates hazardous waste management and disposal.
Clean Air Act (42 USCS §§ 7411, 7412): Regulates air emissions from stationary and mobile sources.
Marine Protection, Research, and Sanctuaries Act (33 USCS § 1412): Covers the disposal of materials into ocean waters.

Common misunderstandings

Many people believe that any release of pollutants is illegal. However, federally permitted releases are lawful as long as they comply with specific regulations and permits.
Some assume that permits are optional. In reality, compliance with permits is mandatory for legal discharges.
There is a misconception that all environmental permits are the same. Each permit is tailored to specific activities and must meet different criteria.

What to do if this term applies to you

If you are involved in activities that may result in a federally permitted release, it is crucial to:

Review the applicable federal regulations and ensure compliance with permit requirements.
Consult with an environmental attorney or expert to understand your obligations.
Consider using legal templates from US Legal Forms to assist with permit applications and compliance documentation.
If you face complex regulatory issues, seeking professional legal help is advisable.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Attribute	Details
Typical Fees	Varies by permit type and state
Jurisdiction	Federal and State
Possible Penalties	Fines, permit revocation, legal action