On 3 August 2023, the U.S. Army Corps of Engineers (Corps) issued a final rule to adjust its civil monetary penalties (CMP) under the Rivers and Harbors Appropriation Act of 1922 (RHA), the Clean Water Act (CWA), and the National Fishing Enhancement Act (NFEA) to account for inflation. With this new rule, the new statutory maximum penalty levels listed in on Table 1 below and will apply to all statutory civil penalties assessed on or after the effective date of this rule. This represents a 7.745% increase over the 2022 rate.
In addition, violations are considered Class I administrative penalty orders under Section 309(g) of the Clean Water Act, judicially-imposed civil penalties under Section 404(s) of the Clean Water Act, and Section 205 of the National Fishing Enhancement Act. Under Section 309(g)(2)(A) of the Clean Water Act. Class I civil penalties may not exceed $25,848 per violation, except that the maximum amount of any Class I civil penalty shall not exceed $64,619. Under Section 404(s)(4) of the Clean Water Act, judicially-imposed civil penalties may not exceed $64,619 per day for each violation. Under Section 205(e) of the National Fishing Enhancement Act, penalties for violations of permits issued in accordance with that Act shall not exceed $28,304 for each violation.
The statutory civil monetary penalty amounts are for violations that occurred after November 2, 2015, and are assessed on or after August 3, 2023.
Table 1
| Citation | Civil Monetary Penalty (CMP) amount established by law | 2022 CMP amount in effect prior to this rulemaking | 2022 Inflation adjustment multiplier | CMP Amount as of August 3, 2023 |
| Rivers and Harbors Act of 1922 (33 U.S.C. 555) | $2,500 per violation | $6,270 per violation | 1.07745 | $6,756 per violation. |
| CWA, 33 U.S.C. 1319(g)(2)(A) | $10,000 per violation, with a maximum of $25,000 | $23,990 per violation, with a maximum of $59,974 | 1.07745 | $25,848 per violation, with a maximum of $64,619. |
| CWA, 33 U.S.C. 1344(s)(4) | Maximum of $25,000 per day for each violation | Maximum of $59,974 per day for each violation | 1.07745 | Maximum of $64,619 per day for each violation. |
| National Fishing Enhancement Act, 33 U.S.C. 2104(e) | Maximum of $10,000 per violation | Maximum of $26,269 per violation | 1.07745 | Maximum of $28,304 per violation. |