Clean Water Act. Attique Ahmad owned the Spin-N-Market, a convenience store and gas station. The gas pumps were fed by underground tanks, one of which had a leak at its top that allowed water to enter. Ahmad emptied the tank by pumping its contents into

Question

a storm drain and a sewer system. Through the storm drain, gasoline flowed into a creek, forcing the city to clean the water. Through the sewer system, gasoline flowed into a sewage treatment plant, forcing the city to evacuate the plant and two nearby schools. Ahmad was charged with discharging a pollutant without a permit, which is a criminal violation of the Clean Water Act. The act provides that a person who "knowingly violates" the act commits a felony. Ahmad claimed that he had believed he was discharging only water. Did Ahmad commit a felony? Why or why not? Discuss fully.

Answer 1

Clean Water Act
Ahmad was convicted in the federal district court in which he was tried, and he appealed to the U.S. Court of Appeals for the Fifth Circuit. The appellate court reversed the conviction. "[W]e find it eminently sensible that the phrase ‘knowingly violates' * * * should uniformly require knowledge as to each of [the] elements" of a violation, including the nature of the substance discharged. "[I]f knowledge is not required as to the nature of the substance discharged, one who honestly and reasonably believes he is discharging water may find himself guilty of a felony if the substance turns out to be something else."