Qui Tarn:
6 A gr ea
Corporation. X is throwing
pollutants hi to Salt ' Creek.
County, district and U.S. At
torneys choose not to file suit
though the conporation's ac
tions are adversely affecting
the Lincoln community.
What road is left open to the
Individual citizen?
The House Subcommittee on
Conservation and Natural
Resources has njst completed a
report which advises the citizen
how to use Qui Tarn, an old
legal principle, and an 1899 law
to sue local polluters.
Qui Tam allows the in-.
dividual,, citizen to file suit in,
the government's name against
law breakers and then to col
lect half of the fine for a con
viction. The Refuse Act of 1899
forbids anyone or any group
from throwing pollutants into
U.S. waters without a permit.
Relatively few permits have
been issued by the U.S. Army
Corps of Engineers, a College
Press Senvice release said.
The CPS release also stated
that even industries who have
permits often violate them by
dumping untreated discharges .
in to the waters. i
Conviction to a suit against a
neighborhood polluter would
net a fine of not more thaq
12500 nor less than $500 for ;
Nebraskan
Par sal
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Approximately 15 hours per weak. $100
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Part-tlma work, 1 even togs a Saturday.
Car Necessary. Write Department A
The Nebraskan.
Need additional Income? We want ma
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Excellent opportunity. 4H-0259 after
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Part-time secretary tvplst. Call between
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College women es tumbling and crt
batlcs Instructor for girls, girls soccer
coaches and officials; and college men
for boys tumbling Instructor, boys floq '
football andor soccer coaches and offi
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desk clerk, club leaders, supervisor to
run model car racing program. Contact
Hank Walling, SOUTHEAST YMCA, 4M.
091 during business hours.
'
College men as volunteer "fathers" for
fatherless boys 6-S years old in a YMCA
Father and Son program. Contact Hank ,
Walling, SOUTHEAST YMCA, 4tl 0MI
during business hours.
i
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work promises good money end Invaiu
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Call 477-4!.
Immediate part-time employment. Door
man and ushers. Day and evening shift:.
Contact Mr. Gash. 432-31 Za Nebraska .
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Help I Volunteers wanted to man Demo
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"it
way to
each day's violation. The
citizen who brought suit would
get half. The polluter could also
receive a 30-day to -one-year
jail sentence.
Hie subcommittee's report,
"Qui Tam Actions and the 1899
Refuse Act: Citizen Lawsuits
Against Polluters of the Na
tion's Waterways," cites legal
Erecedent and tells the citizen
ow to collect evidence and file
the suit.
Carl Chloupek, head of the
Nebraska Federal Water
Poolution Control Anministra
tion, has already written for
information on the report "in
anticipation." The report can
also be obtained from the U.S.
Government Printing Office,
Washington D.C. 20402, for 15
cents.
No Nebraska citizen or en
vinonmental group has as yet
filed suit to Chloupek's and
other sources' knowledge.
Rep. Henry Reuss (D-Wis.),
chairman of the subcommittee
on Conservation and Natural
Resources, has filed Qui Tam
actions against four companies
In Milwaukee. Actions have
also been filed- recently by a
Seattle attorney and a bass
fishermen's organization in
Alabama. ;
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Help I Volunteers wanted to man Dam
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Need a new wardrobe. Sewing and alter
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too. S
go after polluters'
ecology groups,' Clem
Dfoismone, legal assistant of th
Conservation and Natural
Resources Subcommittee,
asserted. "It's a great way to
go after polluters."
Prior to the subajimimittee's
report, suits against polluters
in Nebraska had to be filed by
the county or district attonney
under public nuisance laws,
Gary J. Snowden, ad
ministrative assistant to the
Nebraska Environmental
Health Service and Water
Pollution Control, said.
"The county or district at
torney could decide whether or
not to initiate action against an
alleged industrial polluter," he
added. "Sometimes they choose
not"
Snowden also noted that an
individual could always file a
civil suit if individual injury
was involved. : $
"But recently states such as
Michigan and Illinois have
passed laws which allow a
private citizen to file suit on
behalf of the general public.
Nebraska has mo such law
now," he said.
Environmentalists interest in
the Qui Tam principle increas
ed because of recent actions of
the .Nixon Administration
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through the Justice Depart
ment The 1899 Act stated that suits
against polluters should be filed
by the government But in July
the Justice Depantment Issued
"Guidelines for Litigation
Under the Refuse Act"
The statement urged U.S.
Attorneys to use the 1899 law
'Ho punish or prevent signifi
icant discharges, which are
either accidental or infrequent,
but which are not of a continu
ing nature resulting from the
ondinary operations of a
manufacturing plant."
Reaction from many en
vironmentalists was scathing,
the CPS release said.
Wisconsin Congressman
Reuss, for example, complained
that the Justice Department's
"limited enforcement" doctrine
"favors the polluter over tlhe
public's interest in preventing
the pollution of our
waterways." ; j ,
Many environmentalists see
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the emergence of the Qui Tam
principle as a way to increase
individual citizen involvement
in water pollution law enforce
ment and prevention, the CPS
release said. "Many believe
this will be a vital gain."
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PAGE 7
MONDAY, OCTOBER 5, 1970
THE NEBRASKAN
