The California Water Boards' Annual Performance Report - Fiscal Year 2008-09

ENFORCE: WASTE DISCHARGE REQUIREMENTS

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GROUP:

WASTE DISCHARGE REQUIREMENTS
NON15 FACILITIES

MEASURE:

ENFORCEMENT ACTIONS

MESSAGE:

Enforcement response focused on informal enforcement.

*KEY STATISTICS FOR FY 2008-09*
Number of Informal Actions*	483
Number of Formal Actions**	7
Number of Penalty Actions	26

MEASUREMENTS

WHAT THE MEASURE IS SHOWING

The level and type of enforcement is similar among the regional boards for those facilities discharging under the WDR-NON15 program. Most of the regional boards are issuing informal actions. Two of regional boards issued a formal action that requires compliance with requirements. Several regions are issuing penalty actions, specially Region 5S.

WHY THIS MEASURE IS IMPORTANT

Enforcement plays a significant role in the Water Boards’ strategies to protect water quality and represents a significant amount of work for both the State and Regional Boards. Enforcement deters potential violators and protects public health and the environment. Enforcement can prevent threatened pollution from occurring and can promote prompt cleanup and correction of existing pollution problems. The Water Boards use progressive enforcement by addressing some violations with an informal response such as a phone call or staff enforcement letter followed, if needed, with a more formal action. If violations continue, the enforcement response should be quickly escalated to increasingly more formal and serious actions until compliance is achieved. This measure displays the use of formal versus informal actions to address documented violations.

TECHNICAL CONSIDERATIONS

Data Source: CIWQS. Period: July 1, 2008 to June 30, 2009. Extracted on August 15, 2009.
Unit of Measure: Number of enforcement actions issued during FY 08-09.
Data Definitions: Informal enforcement: any communication from that notifies the discharger of a problem (* for reporting purposes it includes 13267 letters and notices to comply). Formal enforcement: administrative or judicial actions that impose sanctions and/or require compliance where a hearing is available to contest the allegations (** for reporting purposes it does not include Administrative Civil Liabilities actions). Formal Penalty enforcement: includes Administrative Civil Liability actions and any other monetary assessment imposed.
References: More information on the Water Boards’ WDR NON15 program is available at: http://www.waterboards.ca.gov/water_issues/programs/land_disposal/waste_discharge_requirements.shtml
Public reports and data are available at: http://www.waterboards.ca.gov/water_issues/programs/ciwqs/publicreports.shtml
Enforcement and compliance assurance information is available at: http://www.waterboards.ca.gov/water_issues/programs/enforcement/
The Water Boards’ enforcement policy is also available at: http://www.waterboards.ca.gov/plans_policies/docs/wqep.doc

GLOSSARY

Waste Discharge Requirements-NON15 Program: The Waste Discharge Requirements (WDR) Program regulates all point source discharges of waste to land that do not require full containment (which falls under the Land Discharge Program), or are not subject to the NPDES Program.