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  2. Section 404 of the Clean Water Act

How Do I Report a Suspected Violation under CWA Section 404?

Reporting Possible CWA Section 404 Violations

To report what appears to be a possible wetlands violation, contact your EPA Regional CWA Section 404 regulatory authority.

EPA's CWA Section 404 enforcement program has three goals:

  • protect the environment and human health and safety,
  • deter violations, and
  • treat the regulated community fairly and equitably.

EPA's enforcement program achieves these goals through voluntary compliance and by using the enforcement tools provided under Sections 309 and 404 of the Clean Water Act.

Section 404 violations fall into two broad categories:

  • failure to comply with the terms or conditions of a Section 404 permit
  • discharging dredged or fill material to waters of the United States without a permit

In 1989, EPA and the Corps entered into a Memorandum of Agreement (MOA) on enforcement to ensure efficient and effective implementation of this shared authority. Under the MOA, the Corps, as the Federal agency that issues permits, has the lead on Corp-issued permit violation cases. For unpermitted discharges, EPA and the Corps determine the appropriate lead agency based on criteria in the MOA.

Reporting Other Possible Environmental Violations

You can also report possible violations of other environmental laws or regulations to EPA. Your tip or complaint will be forwarded to the EPA environmental enforcement personnel or appropriate regulatory authority.

Section 404 of the Clean Water Act

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Contact Us About Section 404 of the Clean Water Act
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on November 4, 2024
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