EPA to Increase Clean Water Act Enforcement Activities

On October 15, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson described the agency’s plan to increase enforcement efforts under the Clean Water Act. In testimony before the U.S. House Committee on Transportation and Infrastructure, Ms. Jackson indicated that current enforcement initiatives fall short of the Obama administration’s expectations for the clean water enforcement program.

Specifically, Ms. Jackson referred to an “unacceptably high” level of National Pollutant Discharge Elimination System (NPDES) permittee noncompliance and an “unacceptably low” level of enforcement activity, resulting from what she described as uneven enforcement initiatives among the states. Ms. Jackson noted that some states impose at least minimum penalties while others impose no penalties for the same types of violations. Ms. Jackson stated that in response, the EPA will increase federal enforcement efforts and support efforts to expand and harmonize state enforcement. The statements come on the heels of an earlier announcement regarding the Administrator’s plan to expand the EPA’s enforcement staff.

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