HYDRO20111 - Laserfiche WebLink

Home Browse Search

blank documents. therefore, all legal documents fi.e., .icenses, Dorms ts, 06M agreements) used to autno r~.e the discharge of urban storm water into existing Reclamation facilities shall be submitted individually for formal legal review and aoproval by the Field Solicitor's Offices. 12. Unlicensed Discharoes: Unauthorized discharge into Reclamation facilities is illegal and must be considered either as trespass on fee title lands or as unreasonable interference with Reclamation's right to use and enjoy its easements. Either situation is grounds for legal action, such as seekinq~injunctive relief and/or filing a lawsuit to recover costs. Due to funding and staffing constraints, identification of trespass/interference situations will probably occur reactively rather than proactively. However, for liability reasons, it is strongly recommended that all Unlicensed discharges on a particular Reclamation facility be resolved before any new discharge into that same facility is authorized. Regardless of the location or source, whenever Unlicensed discharges are discovered, Reclamation should: a. Identify the location of trespass or interference. b. Identify the scope of Reclamation's land ownership rights. c. Seek a remedy. T_n order to minimize its liability, Reclamation should notify the violator immediately to cease and desist. The violator should be given an opportunity to apply for authorisation through a process similar to those who are not already in trespass. Sack charges could be assessed if the duration of the trespass/interference can be documented. Reclamation has the right to plug outfalls which are in trespass to force compliance with the standards. Repeat violators should be prosecuted. d. when the violator is a private, rather than a public entity (a developer rather than a city), every effort should be made to authorize the discharge through a local governmental entity rather than a private entity with costs and fees being assessed as previously discussed. e. Report violators to appropriate Federal/state regulatory agency, and request their assistance. Unless the discharges involve toxic materials, such regulatory agencies may decline to give assistance. Reclamation may have to resolve most of the violations itself, but at least Reclamation will be on record as having notified the proper authorities. EXCEPTIONS: 1. All provisions of this policy are subject to analysis under Secretarial Order No. 3175, dated November 8, 1993, 'covering Zndian Trust Assets. As appropriate under Secretarial Order No. 3175, exceptions to these standards may be granted when processing applications from Native American groups. 2. Other case-specific problems which do not readily fit the standards and guidance provided herein and requests for exceptions to these standards should be referred to the regional office.