US Army Corps of Engineers
Honolulu District Website

Enforcement

The Corps of Engineers’ enforcement program is based on a policy of the regulation of the waters of the United States by discouraging activities that have not been properly authorized and by requiring corrective measures, where appropriate, to ensure those waters are not misused and to maintain the integrity of the program.

If a violation is suspected, steps are taken to inspect the suspected violation in a timely manner. The scheduling of investigations will reflect the nature and location of the suspected violations, the anticipated impacts, and the most effective use of inspection resources available. These investigations should confirm whether a violation exists, and if so, will identify the extent of the violation and the responsible parties.

The Corps may issue orders requiring corrective action including removal of the unauthorized work and restoration, and/or in certain cases accept an after-the-fact permit application, initiate legal action, or recommend referral to the Environmental Protection Agency for administrative, civil or criminal penalties. The EPA has independent enforcement authority under the Clean Water Act for unauthorized discharges. The Corps works closely with the EPA to coordinate the most effective and efficient resolution of Section 404 Clean Water Act violations.

For appropriate cases, the Corps may recommend criminal or civil actions to obtain penalties for violations. Appropriate cases for criminal or civil action include, but are not limited to, violations which, in the Corps’ opinion, are willful, repeated, flagrant, or of substantial impact.

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Violations

Performing work in waters of the United States without Corps authorization can have serious consequences. Enforcement is an important part of the Corps Regulatory program. State and federal agencies, groups and individuals that report suspected violations often aid Corps’ surveillance and monitoring activities.

Please report violations of these laws to us. We probably will not learn of violations unless you tell us. Please be aware, however, that due to our workload and other constraints we can not always follow up every reported violation.

To successfully pursue a violation the Corps must establish regulatory jurisdiction over the site. The penalties for violating the laws can include administrative, civil, and criminal proceedings. Resolution of violations can range from after-the-fact permitting to mitigation/restoration, penalties and/or and incarceration. Normally we seek restoration of site.

A copy of our alleged violation reporting form is available in a PDF document.

A violation of the Clean Water Act involves the discharge of pollutants into navigable waters from a point source by any person without authorization or exemption. Individuals or organizations reporting a suspected Clean Water Act violation can assist the Corps investigation by providing information on thealleged violation reporting form .

The Corps may issue orders requiring corrective action including

  • Removal of the unauthorized work and restoration, and/or in certain cases accept an after-the-fact permit application Initiate legal action
  • Recommend referral to the EPA for administrative, civil or criminal penalties.
  • The EPA has independent enforcement authority under the Clean Water Act for unauthorized discharges. The Corps works closely with the EPA to coordinate the most effective and efficient resolution of Section 404 Clean Water Act violations.

 

Reporting a Violation
You can file a complaint to the Corps by calling (808) 835-4303, calling your nearest field office, or you can mail, email CEPOH-RO@usace.army.mil  or fax a copy of the “Report a Violation” Form with, if possible, supporting information to . Please provide as much of the following information as possible when filing a complaint:
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• Your contact information (You can remain anonymous, please see the “Report a Violation” Form for details)
• Are you available for additional questions?
• Agency or group you are associated with
 

• Name(s) of property owner
• Name(s) of contractor
• Addresses
• Phone numbers
• Email addresses

 

• Address or descriptive location
• Nearest town to the site
• Nearest named body of water to the site
• Directions to the site from project office                                                                             
 

• Dates you observed the activity
• Description of the activity
• Estimated amount of impact (acreage, linear feet, cubic yards)
• Type of material being used as fill (rock, concrete, soil, etc.)
• Beginning and end dates of the activity
• Type of equipment used (backhoe, bulldozer, dump truck, etc.)
• Type and name of the body of water being impacted (stream, wetland, pond, etc.)
• Photos of the activity

Contact Information

Regulatory Office
Building 230
Fort Shafter, HI  96858-5440
(808) 835-4303
CEPOH-RO@usace.army.mil 

Guam Field Office
Apra Harbor Naval Complex
PSC 455 Box 188
FPO, AP 96540-1088  Guam
(671) 339-2108 
CEPOH-RO@usace.army.mil