[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR326.4]



[Page 454-455]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 326_ENFORCEMENT--Table of Contents

 

Sec.  326.4  Supervision of authorized activities.



    (a) Inspections. District engineers will, at their discretion, take 

reasonable measures to inspect permitted activities, as required, to 

ensure that these activities comply with specified terms and conditions. 

To supplement inspections by their enforcement personnel, district 

engineers should encourage their other personnel; members of the public; 

and interested state, local, and other Federal agency representatives to 

report suspected violations of Corps permits. To facilitate inspections, 

district engineers will, in appropriate cases, require that copies of 

ENG Form 4336 be posted conspicuously at the sites of authorized 

activities and will make available to all interested persons information 

on the terms and conditions of issued permits. The U.S. Coast Guard will 

inspect permitted ocean dumping activities pursuant to section 107(c) of 

the Marine Protection, Research and Sanctuaries Act of 1972, as amended.

    (b) Inspection limitations. Section 326.4 does not establish a non-

discretionary duty to inspect permitted activities for safety, sound 

engineering practices, or interference with other permitted or 

unpermitted structures or uses in the area. Further, the regulations 

implementing the Corps regulatory program do not establish a non-

discretionary duty to inspect permitted activities for any other 

purpose.

    (c) Inspection expenses. The expenses incurred in connection with 

the inspection of permitted activities will normally be paid by the 

Federal Government unless daily supervision or other unusual expenses 

are involved. In such unusual cases, the district engineer



[[Page 455]]



may condition permits to require permittees to pay inspection expenses 

pursuant to the authority contained in section 9701 of Pub L. 97-258 (33 

U.S.C. 9701). The collection and disposition of inspection expense funds 

obtained from applicants will be administered in accordance with the 

relevant Corps regulations governing such funds.

    (d) Non-compliance. If a district engineer determines that a 

permittee has violated the terms or conditions of the permit and that 

the violation is sufficiently serious to require an enforcement action, 

then he should, unless at his discretion he deems it inappropriate: (1) 

First contact the permittee;

    (2) Request corrected plans reflecting actual work, if needed; and

    (3) Attempt to resolve the violation. Resolution of the violation 

may take the form of the permitted project being voluntarily brought 

into compliance or of a permit modification (33 CFR 325.7(b)). If a 

mutually agreeable solution cannot be reached, a written order requiring 

compliance should normally be issued and delivered by personal service. 

Issuance of an order is not, however, a prerequisite to legal action. If 

an order is issued, it will specify a time period of not more than 30 

days for bringing the permitted project into compliance, and a copy will 

be sent to the appropriate state official pursuant to section 404(s)(2) 

of the Clean Water Act. If the permittee fails to comply with the order 

within the specified period of time, the district engineer may consider 

using the suspension/revocation procedures in 33 CFR 325.7(c) and/or he 

may recommend legal action in accordance with Sec.  326.5.