Footnote 345
Section 301(a) of the Clean Water Act prohibits the discharge of pollutants into the nation’s water, except for discharges made in compliance with other sections of the Act, including Section 404. Pursuant to Section 404, the U.S. Army Corps of Engineers administers a permit program for the discharge of dredged or fill material (“pollutants” under the Act) into navigable waters, including wetlands. The Clean Water Act is codified at 33 U.S.C. § 1251 et seq. See 33 C.F.R. § 323.2 (implementing regulations).