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404 Enforcement
In addition to jointly implementing the Clean Water Act Section 404 program, EPA and the U.S. Army Corps of Engineers (Corps) share Section 404 enforcement authority. Section 404 violations fall into two broad categories:
- failure to comply with the terms or conditions of a Section 404 permit, and
- discharging dredged or fill material to waters of the United States without a permit.
The Corps, as the Federal agency that issues permits, has the lead on Corps-issued permit violation cases. For unpermitted discharges, EPA and the Corps determine the appropriate lead agency based upon several criteria. Typically, EPA will act as the lead enforcement agency when an unpermitted activity involves the following:
- repeat violator(s)
- flagrant violation(s)
- EPA requests a class of cases or a particular case, or
- the Corps recommends that an EPA administrative penalty action may be warranted.
For recent EPA wetlands enforcement activities in Region 4, please view our public notices for proposed and final actions.
A list of the Region 4 Section 404 Enforcement Contacts is available to provide additional information on 404 enforcement activities in the southeast.
To report an environmental violation, please use EPA Report Environmental Violations.