Title: Federal Water Pollution Control Act of 1972 (FWPCA)
Statute:  33 U.S.C. § 1367
Governing Agency:  United States Department of Labor , Occupational Safety and Heath Administration

General Overview:  The FWPCA was enacted in 1972 as an amendment to the Clean Water Act, the primary federal law in the U.S. regarding water pollution. This act introduced a “permit system” process- any industrial, government entity, or agriculture facility must receive a permit if they wish to discharge pollutants into surface water. These amendments place substantive protections into effect to shield any party from retaliation for reporting a violation of this act to the proper authorities.

Who is covered?:     

·         Any employee of an employer allegedly violating this act.
·         Authorized representatives of any employee reporting a violation under this act.

Note: Authorized representative of employees often refers to labor unions, or other parties who report alleged violation on the employee’s behalf. This is often done to protect identities.

Who is not covered?:

·         Employees that are acting in violation of any provision under this act.

What is covered?:

-Employees protected under this act cannot be retaliated and/or discriminated against for:
·         providing information to authorities relating to FWPCA
·         initiating proceedings against employer for an alleged violation of FWPCA
·         testifying or partaking in any enforcement proceedings regarding FWPCA

-Illegal retaliation by employers includes:
·         discharging claiming party
·         discrimination against claiming party 

Note: Petty, slight actions are not considered acts of discrimination. Some of these include: annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.

How do I submit a claim?- a Step-by-Step Approach :

1.       If you believe your employer has retaliated and/or discriminated against you for partaking in conduct protected by this act, you have 30 days from the date of the alleged violation to submit a claim. Claims are to be submitted to your regional OSHA office. OSHA Regional Office contact information

2.       Your claim will be reviewed. If an investigation is opened a hearing date will be set. An Administrative Law Judge (ALJ) will oversee the hearing, and issue a decision. The U.S. Secretary of Labor will review the ALJ decision and issue an order.

3.       Either party has the right to appeal the decision of the U.S. Secretary of Labor. This must be done in the United States Court of Appeals in the jurisdiction where the alleged violation took place. This appeal must be filed within 60 days of the U.S. Secretary of Labor’s order.

Rights and Remedies:

·         Reinstatement to former position
·         Back pay (with interest)
·         Reasonable attorney fees and other related litigation costs
·         Compensatory damages 

Related Links:

·         Clean Water Act Summary
·         OSHA Whistleblowing Page

Disclaimer.
This website does not offer legal advice.  This website is for informational purposes only. There is no guarantee that this information is accurate or up to date. You should contact an attorney experienced with whistleblower rights and familiar with the specific statutes. Unfortunately, we are unable to provide you with advice regarding your particular case.