Sent by: Barbara Augustus
11/09/2005 03:35 PM
The purpose of this memorandum is twofold. First, we are providing an explanation of Footnote 13 of the May 1998 Supplemental Environmental Projects (SEP) Policy, which addresses the interaction between the February 28, 1995 Revised Interim Clean Water Act (CW A) Settlement Penalty Policy (CW A Penalty Policy) and the SEP Policy and clarifies when to use the CW A Penalty Policy instead of the SEP Policy. Second, this memorandum will discuss Federal settlements under the CWA where a State is a co-plaintiff and the State accepts an environmental project as its share of the settlement.