Surveillance and Enforcement
Procedures for enforcing Corps permitting authorities are found in the regulations at
33 CFR Part 326.
The following paragraphs briefly summarize those procedures.
Inspection and surveillance activities are carried out by all means at
the district engineer disposal. Corps of Engineers employees are
instructed on the observation and reporting of suspected unauthorized
activities in waters of the United States and of violations of issued
permits. The assistance of members of the public and other interested
Federal, State and local agencies is encouraged.
When the district engineer becomes aware of any unauthorized activity
still in progress, he must first issue a cease and desist order and
then begin an investigation of the activity to ascertain facts
concerning alleged violations. If the unauthorized activity has been
completed he will advise the responsible party of his discovery and
begin an investigation. Following his evaluation, the district
engineers may formulate recommendations on the appropriate
administrative course or legal action to be taken.
The district engineer's evaluation contains an initial determination of
whether any significant adverse impacts are occurring which would
require expeditious corrective measures to protect life, property, or a
significant public resource. Once that determination is made, such
remedial measures can be administratively ordered and a decision can be
made on whether legal action is necessary. In certain cases, district
engineers, following the issuance of a cease and desist order,
coordinate with state and Federal resource agencies in deciding what
action is appropriate. Further evaluation of the violation takes into
consideration voluntary compliance with a request for remedial action.
A permit is not required for restoration or other remedial action.
For those cases that do not require legal action and for which complete
restoration has not been ordered, the Department of the Army will
accept applications for after-the-fact permits. The full public
interest review is deferred during the early stages of the enforcement
process. A complete public interest review is conducted only if and
when the district engineer accepts an application for an after-the-fact
permit.
The laws that serve as the basis for the Corps regulatory program
contain several enforcement provisions which provide for criminal,
civil, and administrative penalties. While the Corps is solely
responsible for the initiation of appropriate legal actions pursuant to
enforcement provisions relating to its Section 10 authority, the
responsibility for implementing those enforcement provisions relating
to Section 404 is jointly shared by the Corps and EPA. For this reason
Army has signed a Section 404 enforcement memorandum of agreement (MOA)
with EPA to ensure that the most efficient use is made of available
Federal resources. Pursuant to this MOA, the Corps generally assumes
responsibility for enforcement actions with the exception of those
relating to certain specified violations involving unauthorized
activities.
If a legal action is instituted against the person responsible for an
unauthorized activity, an application for an after-the-fact permit
cannot be accepted until final disposition of all judicial proceedings,
including payment of all fees as well as completion of all work ordered
by the court.
The Corps strives to reduce violations by effective publicity, an
aggressive general permit program. and an efficient and fair
evaluation of individual permit applications.
Please visit Memorandum of Agreement between Department of the Army and Environmental Protection Agency concerning Federal Enforcement for the Section 404 Program of the Clean Water Act.
