Cleanup Enforcement

Along with the authority to cleanup oil pollution, the Clean Water Act (CWA) includes two sections that address responding to discharges of oil or hazardous substances into navigable waters, adjoining shorelines and certain other areas: Section 311(e) and Section 504.

Section 311(e)

The general purpose of Section 311(e) is to require action to abate an imminent and substantial threat to public health or welfare.

The triggering event for this authority is the actual or threatened discharge of a “reportable quantity” of oil or hazardous substance that may present an imminent and substantial threat.

In response to such an event, EPA can start a civil action to require abatement of the endangerment, and take any other action, such as issuing an administrative order, needed to protect public health and welfare.

CWA section 311(a)(1) defines oil, and CWA section 311(a)(14) defines hazardous substances.

Section 504

Section 504 focuses on the pollution source. It’s general purpose is to abate imminent and substantial endangerments to people’s health or welfare (welfare means livelihood).

The triggering event is the identification of a source of pollution that is presenting an imminent and substantial endangerment (including threatened discharges).

In response, EPA can start a civil action to restrain anyone causing or contributing to the pollution to stop the discharge of pollutants or to take other necessary action.

Information about the non-cleanup enforcement activities is available on the Office of Civil Enforcement's Clean Water Act Enforcement page.

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