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U.S. v. EIDSON

No. 94-2330.

108 F.3d 1336 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Charles A. EIDSON, Sandra A. Eidson, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 31, 1997.

Attorney(s) appearing for the Case

Charles A. Eidson, Tampa, FL, Pro Se.

Eric Gruman, Tampa, FL, for Charles A. Eidson.

Richard C. Minardi, Tampa, FL, for Sandra A. Eidson.

David C. Shilton, Ellen L. Durkee, Appellate Section, Environment Div., Dept. of Justice, W. Bruce Pasfield, United States Dept. of Justice, Washington, DC, for Plaintiff-Appellee.

Before ANDERSON, Circuit Judge, and KRAVITCH and HENDERSON, Senior Circuit Judges.

KRAVITCH, Senior Circuit Judge:

The Clean Water Act ("CWA" or "the Act") prohibits the addition of any pollutant into navigable waters from any point source. 33 U.S.C. §§ 1311(a), 1362(12). It defines "navigable waters" to mean "waters of the United States, including the territorial seas." 33 U.S.C. § 1362(7). The primary issue before this court is whether the drainage ditch into which appellants' company discharged industrial wastewater was a "navigable...

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