What can be enforced by citizen suits?

Examples of violations that can be enforced by Section 505 citizen suits

Permit-related:

• Lack of a permit when it is required
• Discharges in excess of permit limits
• Failure to monitor and/or report
• General permit violations (e.g., not submitting Notice of Intent to be covered under the general permit, not meeting a requirement listed in the general permit)
• Stormwater permit violations (e.g., not developing a stormwater management plan, not putting BMPs in place, not monitoring and inspecting as required)

EPA mandatory duty-related:

• No action during required timeframe for review of or inappropriate approval of state-submitted water quality standards, 303(d) list or TMDL
• No consultation with USFWS on approval of water quality standards or TMDL (filed under both ESA and CWA probably)

< Back to Previous Page