O113 Knowingly Discharge Pollutant in Violation of the Clean Water Act
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O113
- Statute
- 33 U.S.C. §§ 1311(a) & 1319(c)(2)(A)
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 756
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
To find a defendant guilty of the Count(s) of the Indictment, you must find each of the following events has been proved by the Government beyond a reasonable doubt:
(1) That on or about the dates alleged in the indictment, the defendant knowingly discharged or caused a discharge of a pollutant that is specified in the applicable NPDES permit;
(2) the defendant knew that the discharge contained the pollutant specified;
(3) the discharge was into a water of the United States; that is, that [name waterway] was a navigable waterway or a stream or tributary that flowed directly or indirectly into a navigable waterway;
(4) the discharge was in violation of the NPDES permit of the defendant. The Government does not have to prove that the defendant knew the terms of the permit.
Related practice page
Federal criminal defense in Miami.
Official source: Official PDF, page 756
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.