Is every loss of oil or oil product subject to a penalty?
Answer – No, a discharge is defined in 311(a)(2) of the Federal Water Pollution Control Act as including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping that enters the waters of the United States or on the adjoining shorelines in harmful quantities. If the water is affected, a penalty could be assessed if a spill occurs and is prevented by some means from entering water, no penalty should be assessed.
