Civil Enforcement

• The Statute
• CWA Regulations
• CWA Enforcement
• Other Information Sources
• Other Federal Laws and Regulations Relating to Clean Water
• State Laws and Regulations Relating to Clean Water

The Statute

The Clean Water Act(CWA), originally enacted as the Federal Water Pollution Control Act Amendments of 1972, has as its goal the protection and maintenance of the chemical, physical and biological integrity of the nations waters. Title III of the CWA provides the basic vehicles to meet the goals of the CWA. It establishes the programs for technology and water quality-based effluent limits and enforcement.

Clean Water Act History

The Clean Water Act (CWA); 33 U.S.C. s/s 1251 et seq. (1977)
| CWA summary | CWA full text |

Digest of Federal Resources Laws of Interest to the U.S. Fish and Wildlife Service (Legislative History of the Clean Water Act)

Clean Water Act Regulations

EPA has developed regulations relating to the implementation of the Clean Water Act which can be found in the Code of Federal Regulations, Title 33, Chapter 26:

Subchapter D - Water Programs (40 C.F.R. Parts 112, 113, 116, 117, 122-125, 129-133)
Subchapter H - Ocean Dumping (40 C.F.R. Parts 230-233)
Subchapter N - Effluent Guidelines and Standards (40 C.F.R. Parts 404-471)
Subchapter O - Sewage Sludge (40 C.F.R. Parts 501, 503)

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Clean Water Act Enforcement

EPA may issue an order to any person or company who violates the Clean Water Act. The order may impose a civil penalty plus recovery of any economic benefit of noncompliance and may also require correction of the violation.

• Who must comply with the Clean Water Act?
  Any 'person' discharging a pollutant into the waters of the U.S. A 'person' is defined as an individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body.

• What are the penalties for noncompliance?
  Under Section 309 of the CWA, penalties for violating the permit or not having a permit to discharge into the waters of the U.S. may be up to $27,500 per violation per day. Under Section 311, a Class I penalty may be assessed in an amount of up to $10,000 per violation, not to exceed $25,000; a Class II penalty may be assessed in an amount of up to $10,000 per day per violation, but not to exceed $125,000.

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EPA publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions. New issues are published on an irregular basis, as EPA see the need to provides alerts on enforcement concerns. Past issues of an Enforcement Alert have highlighted such Clean Water Act enforcement concerns as:

"EPA Strategically Addressing Raw Sewage Discharges Across Nation to Protect Public, Environment (PDF)" Volume 6, Number 1 (February 2003) (pp 4, 74 KB)

"EPA Addresses Pollutants in Storm Water Through Systematic Enforcement Strategy (PDF)" Volume 5, Number 3 (April 2002) (pp 6, 159 KB)

"EPA Finding Many Industrial Dischargers Failing to Obtain Storm Water Permits as Law Requires (PDF)" Volume 4, Number 1 (January 2001) (pp 6, 156 KB)

"U.S EPA Focusing Enforcement Efforts on Oil Spill Violations— Companies Required to Take Corrective Measures to Reduce Oil Spills, Especially From Pipeline and Tank Corrosion Problems (PDF)" Volume 3, Number 8 (September 2000) (pp 4, 331 KB)

Complete listing of "Enforcement Alert" Newsletters

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Related CWA Enforcement Information

EPA's Water Enforcement Bulletin
CWA Significant Cases and Settlements (1998-Present)
Environmental Appeals Board (EAB) Penalty Appeals
| CWA Penalty Appeals |NPDES Permit Appeals | SPCC Penalty Appeals |
Administrative Law Judge (ALJ) Decisions and Orders (RCRA)
(See entries with "CWA" in column 3, as part of the Docket Number)
Regional Presiding and Judicial Officer Decisions (CWA)

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Other Information Sources

EPA's Office of Water Web Site
EPA Wetlands, Oceans, and Watershed General Information
EPA National Pollutant Discharge Elimination System (NPDES) General Information
EPA Oil Spill General Information
EPA Oil Spill Prevention and Countermeasure General Information
EPA Wastewater Management General Information
Complete listing of "Enforcement Alert Newsletters"
Complete listing of "Water Bulletin Newsletters"

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Other Federal Laws and Regulations Relating to Clean Water

Marine Protection, Research, and Sanctuaries Act of 1972. In 1972, Congress enacted the Marine Protection, Research and Sanctuaries Act (MPRSA), declaring that it is the policy of the U.S. to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human healt, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (Additional Information)

Oil Pollution Act of 1970. This act was streamlined and stregthened EPA's ability to prevent and respond to catastrophic oil spills. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so.

Safe Drinking Water Act. The Safe Drinking Water Act (SDWA) was signed to ensure public health protection through compliance by public water systems with all health-based standards, including all monitoring and reporting requirements. (Additional Information)

Rivers and Harbors Act 1899 (Refuse Act). This act establishes a program to regulate activities affecting navigatible water of the U.S. waters, including wetlands.

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State Laws and Regulations Relating to Clean Water

EPA has authorized 44 States as well as the Virgin Islands to administer the National Pollutant Discharge Elimination System (NPDES) permit program under the CWA.

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