Section 3704.140  Violations and Enforcement

a)         When the Department becomes aware of an unauthorized activity or permit violation, it will conduct an investigation to determine the facts regarding the activity or violation and will advise the responsible party what actions are required to comply with State statutes and this Part.  When the responsible party fails to perform the specified actions, enforcement will be sought as determined by the Department to be necessary and appropriate.

b)         Investigations may be initiated by the Department on its own or in response to complaints involving activities undertaken without a permit, or activities not in compliance with the terms and conditions of a permit. Complaints shall be in writing and shall contain the name, address and telephone number of the party believed to be responsible, the nature of the alleged violation, the location of the activity, and the name of the body of water affected.

c)         Any structure, fill, or deposit erected or made in any of the public bodies of water of this State determined to be in violation of the regulation, is a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality, or other agency responsible therefor (Section 18 of the Act).  The Department may require the owner to remove the purpresture within 15 days after receipt of written notice.  Any structure, fill, or deposit not so removed may be removed by the Department at the owner's expense.