Once a permit is issued, compliance with all terms and conditions of the permit is required. The Corps may conduct inspections during or after construction to determine if the work is in compliance with the permit. If the Corps determines the work is not in compliance, the permittee may voluntarily bring the violation into compliance, or the Corps may issue a permit modification if appropriate.
In cases where resolution of the violation cannot be reached, the Corps may issue a compliance order. If a permittee fails to comply with the compliance order, the Corps may suspend or revoke the permit and/or initiate administrative penalties up to $27,500 or take legal action for criminal or civil actions to obtain penalties. Penalties of up to $50,000 per day and/or imprisonment for up to three years may be imposed for any person who knowingly violates the Clean Water Act.
Performing work in waters of the United States without Corps authorization can have serious consequences. Enforcement is an important part of the Corps Regulatory program. State and federal agencies, groups and individuals that report suspected violations often aid Corps’ surveillance and monitoring activities. The Corps may issue orders requiring corrective action including removal of the unauthorized work and restoration, and/or in certain cases accept an after-the-fact permit application, initiate legal action, or recommend referral to the Environmental Protection Agency for administrative, civil or criminal penalties. The EPA has independent enforcement authority under the Clean Water Act for unauthorized discharges. The Corps works closely with the EPA to coordinate the most effective and efficient resolution of Section 404 Clean Water Act violations.
A violation of the Clean Water Act involves the discharge of pollutants into navigable waters from a point source by any person without authorization or exemption. Individuals or organizations reporting a suspected Clean Water Act violation can assist the Corps investigation by providing information on the “Report a Suspected Violation” form.
To report a suspected violation, please request the appropriate materials from the Alaska District by sending an email to firstname.lastname@example.org.
Below are definitions of terms.
Discharges are any additions of any pollutant.
Pollutants are materials such as dredged material, rock, sand and cellar dirt.
Navigable waters are all waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
All other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:
- Which are or could be used by interstate or foreign travelers for recreational or other purposes.
- From which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
- Which are used or could be used for industrial purpose by industries in interstate commerce.
All impoundments of waters are otherwise defined as waters of the United States under the definition. Tributaries of waters that are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
Point source is any discernable, confined, and discrete conveyance, such as a pipe, ditch, container, or conduit. Bulldozers, backhoes, dump trucks and other equipment used to place fill are considered point sources.
Person is a party who actually performed the work and party with responsibility for or control over performance of the work.
Without authorization or exemption is not possessing the required authorization or exemption from the Corps of Engineers.
If you suspect a violation of the Clean Water Act, please fill out a suspected violation form, and send it to your local Regulatory Office.
Alaska District Office
2204 3rd Street
P.O. Box 6898
JBER, Alaska 99506
Anchorage Field Office
1600 A Street, Suite 101
Anchorage, Alaska 99501
Fairbanks Field Office
2175 University Avenue, Suite #201E
Fairbanks, Alaska 99709
Juneau Field Office
8800 Glacier Highway #106
Juneau, Alaska 99801
Kenai Field Office
805 Frontage Road #200C
Kenai, Alaska 99611
Sitka Field Office
Post Office Box 16, Sitka AK 99835