Member Pipeline - Legal - Alert (Leg 04-3)
| To: | Members & Affiliates, Legal Affairs Committee |
| From: | National Office |
| Date: | March 3, 2004 |
| Subject: | CLEAN WATER ACT CIVIL PENALTIES TO INCREASE |
| Reference: | Legal Alert 04-3 |
Printer friendly versionOn March 15, 2004, the Environmental Protection Agency (EPA or Agency) will increase its civil penalties for violations of environmental statutes and regulations for the first time since 1997. See 69 Fed. Reg. 7,121 (Feb. 13, 2004). As a result of EPA’s action, administrative penalties under Clean Water Act (CWA) § 309(g) and judicial civil penalties under CWA § 309(d) will increase as outlined below. The new amounts apply to violations that occur after March 15, 2004.
EPA and other Federal agencies are required to review and adjust their civil penalty structures at least once every four years pursuant to § 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. Increases are to account for inflation and to maintain the penalties’ deterrent effect. Information on penalty increases for other environmental statutes and regulations enforced by EPA also are listed in the February 13 Federal Register notice.
Administrative Penalties, CWA § 309(g)
Class I
Presently $11,000 per violation/maximum $27,500
→ Increasing maximum only to $32,500
Class II
Presently $11,000 per violation/maximum $137,500
→ Increasing maximum only to $157,500
Judicial Civil Penalties, CWA § 309(d)
Presently $27,500 per day per violation
→ Increasing to $32,500 per day per violation
If you have any questions regarding this information, please feel free to contact AMSA’s General Counsel, Alexandra Dunn, at 202/533-1803 or via e-mail at adunn@amsa-cleanwater.org.