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

ENFORCE: LAND DISPOSAL

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GROUP: LAND DISPOSAL

MEASURE: PENALTIES

MESSAGE:

Of the penalties resolved thus far, 100% is collected and no penalty was resolved with projects.

*KEY STATISTICS FOR FY 2008-09*
Penalties Assessed	$326,950
Penalties Collected	$126,950
SEPs/Projects Approved	$0

MEASUREMENTS

WHAT THE MEASURE IS SHOWING

During fiscal year 2008-2009 three Administrative Civil Liability actions were issued under the WDR-Land Diposal program. Of the assessed amount, 40% has been resolved and collected. None of the actions were resolved with thhe completion of a supplementa environmental project.

WHY THIS MEASURE IS IMPORTANT

California law and the Water Boards enforcement policy establishes the circumstances for which violations must receive a penalty and in what amount. In certain cases, the Water Boards have the discretion of imposing administrative civil liabilities after considering certain factors. The Regional Boards can also consider whether the discharger should be allowed to satisfy some or all of the monetary assessment by completing or funding one or more supplemental environmental projects or by depositing the penalty amount in a specified fund. Preparing each case for prosecution requires a significant amount of time and resources. This measure describes a significant workload for the enforcement program.

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 and penalties assessed during FY 08-09 and the progress of the penalties.
Data Definitions: Penalties Assessed: Amounts assessed in an ACL complaint or order. Penalties Resolved: Amount of penalties assessed that have been either paid or approved as a SEP.
References: More information on the Water Boards’ Land Disposal program is available at: https://www.waterboards.ca.gov/water_issues/programs/land_disposal/index.shtml
ACL report available at: http://ciwqs.waterboards.ca.gov/ciwqs/readOnly/aclReport.jsp
Enforcement and compliance assurance information is available at: https://www.waterboards.ca.gov/water_issues/programs/enforcement/
The Water Boards’ enforcement policy is also available at: https://www.waterboards.ca.gov/plans_policies/docs/wqep.doc
State Water Board SEP Policy: https://www.waterboards.ca.gov/water_issues/programs/enforcement/docs/rs2009_0013_sep_finalpolicy.pdf

GLOSSARY

Supplemental Environmental Project (SEP): Supplemental environmental projects are defined as environmentally beneficial projects which a defendant/respondent agrees to undertake in settlement of an enforcement action, but which the defendant respondent is not otherwise legally required to perform. Environmentally beneficial means a SEP must improve, protect, or reduce risks to public health, of the environment at large. While in some cases a SEP may provide the alleged violator with certain benefits, there must be no doubt, that the project primarily benefits the public health or the environment.
Land Disposal: The Land Disposal program regulates waste discharge to land for treatment, storage and disposal in waste management units. Waste management units include waste piles, surface impoundments, and landfills. California Code of Regulations (CCR) Title 23, (Chapter 15) contains the regulatory requirements for hazardous waste. CCR Title 27, contains the regulatory requirements for wastes other than hazardous waste