ordered that the defendant pay a fine of $50,000 and remain on probation for five years. Defendant appeals, arguing that Gras-mere Brook is not part of the “waters of the United States” and is instead a “municipal separate storm sewer,” which is part of a municipal “waste treatment system” and thus expressly excluded from the Act’s coverage. See 40 C.F.R. § 122.2 (‘Waste treatment systems ... are not waters of the United States.”). DISCUSSION Defendant concedes that the Clean Water Act is a “zero tolerance” statute, and that the Act “strictly prohibits any ‘point source’ discharge of any pollutant to the ‘waters of the United States’ ” without a permit. Defendant argues, however, that the waterway known as Grasmere Brook is instead “a municipal waste stream” 345, 347 (10th Cir.1979) (<HOLDING>); United States v. Ashland Oil and Transp. Co.,
holding an arbitration tribunal fell within the purview of section 1782 holding that a small unnamed tributary fell under the act holding that a humanmade tributary fell under the act holding that bad faith handling of an insureds claim fell within the act holding that the limitation act does not apply to claims brought under the clean water act