NPDES Enforcement: primary responsibility--authorized states and tribes (EPA 'overfile' authority); increased emphasis on 'compliance assistance'; focused on 'majors' (POTWs serving 10,000 or more; and industries: several factors, including flow, toxics, etc.); penalties--fines for typical violations (exceed limits, fail to report), imprisonment for criminal violations (repeated, willful violations), and supplemental environmental projects (SEP)--money goes to restoration projects, not to US Treasury; and citizen suits: directed against dischargers (must provide 60-day notice to EPA, state, and tribe to give them a chance to take action).

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Enforcement

States, territories, and tribes are primarily responsible for enforcing NPDES permits when given responsibility by EPA. EPA takes enforcement action if these entities fail to do so. EPA must first inform the state, territory, or tribe of its belief that enforcement is necessary and give it time to take action.

The NPDES program promotes compliance assistance, which helps permittees come into, and remain, in compliance with their permit, rather than going immediately to enforcement actions.

Enforcement actions include the following:

  • Injunctions
  • Fines for typical violations (exceed permit limits, failure to report)
  • Imprisonment for criminal violations (repeated, willful violations)
  • Supplemental environmental projects (SEP)

With a SEP, instead of simply paying a fine to the federal or state treasury, the violator must spend more money than the amount of the fine on a relevant environmental project, such as wetlands restoration or abandoned mine cleanup.

Citizens can also bring a lawsuit against a violator, but they must provide a 60-day notice to EPA and the state, territory, or tribe to give them time to take action against the violator.

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Section 59 of 69