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[Smelly Lake] Emilio, Who Lives on a Navigable Lake, Is

Question 48

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[Smelly Lake] Emilio, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake, resulting in harm to his property and causing horrible odors. No one swims in the lake anymore. He calls a company official, Sean, who tells him to mind his own business. Sean tells him that the state has no authority, that federal investigators do not have time for Emilio's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail. Sean just laughs.
-Regarding Sean's statement that any federal penalties are negligible, which of the following is accurate?


A) Sean is correct.
B) Sean is incorrect, and while incarceration may not be imposed under federal law, penalties are substantial including penalties of up to $5,000 per day.
C) Sean is incorrect, and while incarceration may not be imposed under federal law, knowingly endangering someone by violating the Clean Water Act can result in a criminal fine of up to $150,000 for an individual and $1 million for an organization.
D) Sean is incorrect, and while fines may not be imposed, any individual knowingly endangering someone while violating the Clean Water Act may face up to 10 years in prison.
E) Sean is incorrect, and both incarceration and fines may be imposed.

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