[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
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.