For the information listed below please note that National Pollution Discharge Elimination System (NPDES) is the federal program that leads to states requiring Multi-Sector General Permit (MSGP) coverage. The terms MSGP and NPDES are generally interchangeable. Arizona also issues individual NPEDES permits for those industries that need them. In Arizona the limit for penalties specific to stormwater (A.R.S 49-255 Chapter 1 Article 3.1) are up to $25,000 per day per violation per A.R.S 49-262. The following is taken directly from the EPA website on water penalties and lists the penalties that can also be applied at a federal level:

Violation / Penalty Summary:

ViolationPotential Fines and Jail Time:
Direct Discharge (to waters of United States including wetlands)$2500-$50,000 Per day; up to 2 years in jail
Discharges of Oil or Hazardous Substances$2500-$100,000 Per day; up to 6 years in jail
Failure to Report Discharges of Oil &
Hazardous Substances		$2500-$100,000 Per day; up to 6 years in jail
Discharge to a POTW in Violation of Pre-Treatment Standards and
Prohibitions		$2500-$100,000 Per day; up to 6 years in jail
CWA Knowing Endangerment$250,000; up to 15 years in jail; subsequent violations doubled
CWA False Statements$10,000 Per day; up to 2 years in jail; subsequent violations doubled
Tampering with Monitoring Equipment or Method$10,000 Per day; up to 2 years in jail; subsequent violations doubled
Rivers and Harbors Act$100,000 – $200,000 Per Violation; Mandatory minimum fine of $500 and 30 days in
jail

Violation and Penalty Expanded Explanation:

Direct Discharge (to waters of United States including wetlands)

  • Elements:
    • A person
      • Negligently or Knowingly
        • Discharges a pollutant from a point source into a water of the United States without a NPDES or 404 Permit or in violation of a permit
  • Penalties:
    • Negligent Violations: 1 year and/or $2,500 – 25,000 per day; Statute: 33 U.S.C. 1319(c)(1) & (2)
    • Subsequent convictions or Knowing violations: 2 years and/or $50,000 per day.
    • Additional Relevant Regulations: 40 C.F.R. 122
  • Note that the Discharge of fill material into a wetland may be permitted under 33 U.S.C. 1344

Discharges of Oil or Hazardous Substances

  • Elements:
    • A Person
      • Negligently or Knowingly
        • Discharges Oil or a Hazardous Substance Into a water of the United States/upon adjoining shorelines/into the contiguous Zone In a Harmful Quantity; Statute: 33 U.S.C. 1319(c)(1) & (2) & 1321 (b)(3)
  • Penalty:
    • Negligent Violations: 1 year and/or $2,500 – 25,000 per day;Subsequent convictions 2 years and/or $50,000 per day.
    • Knowing Violations: 3 years and/or $5,000 – 50,000 per day;Subsequent convictions 6 years and/or $100,000 per day.
    • Additional Relevant Regulations: 40 C.F.R. 110, 116 & 117

Failure to Report Discharges of Oil & Hazardous Substances

  • Elements:
    • A Person
      • In charge of a Vessel, onshore or offshore facility from which oil or hazardous substance is discharged in a reportable (harmful) quantity into or upon waters of the United States/upon adjoining shorelines/into the Contiguous Zone fails to immediately notify the appropriate Federal Agency as soon as he/she has knowledge of the discharge; Statute: 33 U.S.C. 1321(b)(5)
  • Penalty:
    • 5 years and/or fines under 18 U.S.C. 3571
    • Additional Relevant Regulations: 40 C.F.R. 110, 116 & 117

Discharge to a POTW in Violation of Pre-Treatment Standards and Prohibitions

  • Elements:
    • A Person
      • Negligently or Knowingly
        • Operates a source in violation of any effluent standard, prohibition, or applicable pretreatment standard *; Statute: 33 U.S.C. 1319(c)(1)(A) & (2)(A) and 1317
  • Penalty:
    • Negligent Violations: 1 year and/or $2,500 – 25,000 per day;Subsequent convictions 2 years and/or $50,000 per day.
    • Knowing Violations: 3 years and/or $5,000 – 50,000 per day;Subsequent convictions 6 years and/or $100,000 per day.
    • Additional Relevant Regulations: 40 C.F.R. 403
    • *General Pretreatment Prohibitions found at 40 C.F.R. 403.5(a) (“Pass Through” & “Interference”); Specific Pretreatment Prohibitions found at 40 C.F.R. 403.5(b){excessive heat, oil, toxic gases, trucked pollutants, etc.}; Local Limit Provision found at 40 C.F.R. 403.5(d); Categorical Standards found at 40 C.F.R. 403.6-424

Discharge to a POTW Causing the Plant to Violate its Own Permit/Limitation

  • Elements:
    • A Person who Owns or Operates a Source
      • Negligently or Knowingly
        • Discharges a pollutant or hazardous substance into a POTW other than in compliance with all federal, state, and local requirements and permits, which such person knew or reasonably should have known could causes personal injury or property damage and causes the POTW to violate its permit or effluent limitation; Statute: 33 U.S.C. 1319(c)(1)(B) & (c)(2)(B)
  • Penalty:
    • Negligent Violations: 1 year and/or $2,500 – 25,000 per day;Subsequent convictions 2 years and/or $50,000 per day.
    • Knowing Violations: 3 years and/or $5,000 – 50,000 per day;Subsequent convictions 6 years and/or $100,000 per day.
    • Additional Relevant Regulations: 40 C.F.R. 403

CWA Knowing Endangerment

  • Elements:
    • A Person
      • Knowingly Committed Specified Offense (33 U.S.C. 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3), 1328, 1345, or permits issued under 1342 or 1344)
        • Knew at the time that such acts put another person in imminent danger of death or serious bodily injury; Statute: 33 U.S.C. 1319(c)(3)
  • Penalty:
    • 15 years and/or $250,000 ($1,000,000 for corps.); subsequent convictions doubled.

CWA False Statements

  • Elements:
    • A Person
      • KnowinglyMakes a false statement, representation, or certification statement/representation/certification was material in any document filed or required to be maintained under the CWA; Statute: 33 U.S.C. 1319(c)(4)
  • Penalty:
    • 2 years and/or $10,000; subsequent convictions 4 years and/or $20,000 per day

Tampering with Monitoring Equipment or Method

  • Elements:
    • A Person
      • Knowingly
        • Falsifies, tampers with, or renders inaccurate monitoring device or method required to be maintained under CWA; Statute: 33 U.S.C. 1319(c)(4)
  • Penalty:
    • 2 years and/or $10,000; subsequent convictions 4 years and/or $20,000 per day

Rivers and Harbors Act of 1899

  • Elements:
    • A Person or corporation
      • Obstructs, builds, excavates, fills, alters the course, condition, or capacity of any navigable water of the United States without a permit; Statute: 33 U.S.C. 401
  • Penalty:
    • Misdemeanor level offenses with maximum 1 year imprisonment and/or fines of up $100,000 for individuals and $200,000 for corporations (see alternative Fines Act 18 U.S.C. 3571). Violations of section 407/408/409/414 and 415 (see 411) shall have mandatory minimum imprisonment of 30 days. Violations of section 401/403 and 404 (see 406) have mandatory minimum fine of $500 and persons may be fined, imprisoned, or both.
    • Additional Relevant Regulations:  33 U.S.C. 401