Water Enforcement Policy, Guidance and Publications

This section provides policy and guidance documents related to enforcement of the clean waters and drinking water.

Clean Water Act Policy and Guidance Documents

• General / National Pollution Discharge Elimination System (NPDES)
  • Enforcement
  • Compliance
  • Penalty Policies and Guidance
• Stormwater
  • Penalty Policies and Guidance
• Oil Pollution Act
  • Penalty Policies and Guidance
• Wetlands
  • Penalty Policies and Guidance
• Pretreatment
• Combined Sewer Overflows / Sanitary Sewer Overflows (CSOs/SSOs)
• Concentrated Animal Feeding Operations (CAFOs)
• Citizen Suits

Safe Drinking Water Act (SDWA) Policy and Guidance Documents

• Penalty Policies and Guidance
• Emergency Authority
• Enforcement Response

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Clean Water Act Policy and Guidance Documents

Biosolids

• Approval Memo for CWA Biosolids Expedited Settlement Agreement Signed with Model Documents (pdf) (716.07 KB)

General/NPDES

• Enforcement​

  • Memo on the Relaunch of the NPDES Wastewater Expedited Settlement Agreement Pilot Program (pdf) (174.95 KB)
  • Approval of NPDES Wastewater Expedited Settlement Agreement Pilot Program
  • Integrated Planning
  • Interim Guidance to Strengthen Performance in the NPDES Program
  • Enforcement Management System Guide

• Compliance

  • Promoting Water, Superfund and Enforcement Collaboration on Contaminated Sediments 
  • Significant Noncompliance for Chlorine
  • Memorandum: Revision of NPDES Significant Noncompliance (SNC) Criteria to Address Violations of Non-Monthly Average Limits

• Penalty Policies and Guidance

  • Revised Interim Clean Water Act Settlement Penalty Policy
  • Guidance on the Distinction among Pleading, Negotiating, and Litigating Civil Penalties for Enforcement Cases under the Clean Water Act 
  • Guidance on Effect of Clean Water Amendment Civil Penalty Assessment Language 
  • Guidance on State Action Preemption Civil Penalty Actions under the Federal Clean Water Act
  • Guidance on Claim Splitting in Enforcement Actions under the Clean Water Act 

Stormwater

• Penalty Policies and Guidance

  • Expedited Settlement Agreement Pilot for Industrial Stormwater Non-Filers Under the Clean Water Act
  • Supplemental Guidance to the 1995 Interim Clean Water Act Settlement Penalty Policy for Violations of the Industrial Stormwater Requirements
  • Supplemental Guidance to the Interim Clean Water Act Settlement Penalty Policy (March 1, 1995) for Violations of the Construction Storm Water Requirements
    • Supplemental to the 2018 Penalty Inflation Memo for Industrial Stormwater
  • Revised Expedited Settlement Offer Program for Storm Water Construction
    • Extension of the Revised Expedited Settlement Agreement Program Pilot for Construction Stormwater (pdf) (184.74 KB)
  • Expedited Settlement Agreement Pilot Program for Stormwater MSGP Violations Under the Clean Water Act (pdf) (419.3 KB)

• Oil Pollution Act

  • 2023 Spill Prevention Control and Countermeasure Expedited Settlement Agreement
  • Final Guidance on the Issuance of Administrative Orders under Section 311(c) and (e) of the Clean Water Act 

  • Penalty Policies and Guidance

    • Civil Penalty Policy for Section 311(b)(3) and Section 311(j) of the Clean Water Act
    • Expedited Settlement Agreement Pilot Program for Spills Violations under Clean Water Act Section 311(b) (pdf) (337.17 KB)

• Wetlands

  • Injunctive Relief Requirements in Section 404 Enforcement Actions 

  • Penalty Policies and Guidance​

    • Revised CWA Section 404 Settlement Penalty Policy

• Pretreatment

  • Local Limits Developmental Guidance 
  • Local Limits Developmental Guidance Appendices
  • Enforcement Initiative for Failure to Adequately Implement Approved Local Pretreatment Programs
  • Guidance Manual on the Development and Implementation of Local Discharge Limitations under the Pretreatment Program
  • Guidance Manual for Implementation of Total Toxic Organics (TTO) Pretreatment Standards 
  • Guidance Manual for Iron and Steel Manufacturing Pretreatment Standards
  • Guidance for Pulp, Paper and Paperboard and Builders Paper and Board Mills Pretreatment Standards

• Combined Sewer Overflows / Sanitary Sewer Overflows (CSOs/SSOs)

  • Achieving Water Quality Through Integrated Municipal Stormwater and Wastewater Plans
  • Protecting Water Quality with Green Infrastructure in EPAs Water Permitting and Enforcement Programs
  • EPA Enforcement Preventing Backup of Municipal Sewage into Basements
  • Guidelines for Federal Enforcement in CSO/SSO Cases
  • Pilot Enforcement Approach in MOM Cases in Region 4
  • EPA's Report to Congress on Implementation and Enforcement of the CSO Control Policy
  • Compliance and Enforcement Strategy Addressing Combined Sewer Overflows and Sanitary Sewer Overflows
  • Enforcement Management System (EMS) National Pollutant Discharge Elimination System

• Citizen Suits (Section 505)

  • Procedures for Agency Response to Clean Water Act Citizen Suit Activity
  • Clean Water Act Section 505, Effect of Prior Citizen Suit Adjudications or Settlement on the United States ability to sue for same violations
  • Notes on Section 505 CWA Citizen Suits

Safe Drinking Water Act (SDWA) Policy and Guidance Documents

Penalty Policies and Guidance

• New Public Water System Supervision Program Settlement Penalty Policy
• UIC Program Judicial and Administrative Order Settlement Penalty Policy
• Internet Publications of Notice of Proposed Penalties under Section 309(g) and 311(b)(6) of the Clean Water Act and Section 1423(c) of the Safe Drinking Water Act

Emergency Authority (Section 1431)

• Updated Guidance on Emergency Authority under SDWA Section 1431 - Guidance on invoking EPA’s emergency authority, granted under Section 1431 of the Safe Drinking Water Act (SDWA), 42 U.S.C. § 300i. 

Enforcement Response

• Enforcement Response Policy under the Safe Drinking Water Act

Risk and Resilience Assessments and emergency Response Plans (Section 1433)

• Section 2013 of America’s Water Infrastructure Act and Its Changes to Safe Drinking Water Act Section 1433: Risk and Resilience Assessments and Emergency Response Plans Requirements for Community Water Systems (pdf) (228.41 KB)
• Enforcement Alert: Drinking Water Systems to Address Cybersecurity Vulnerabilities

Compliance Advisories

• Compliance Advisory: Failure to Comply with Certain New Safe Drinking Water Act Lead and Copper Rule Requirements May Result in Federal Enforcement
• Compliance Advisory: Manufacturers and Importers May Be Liable for Plumbing Products not Certified as “Lead Free”