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

ENFORCE: NPDES WASTEWATER

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GROUP:

NPDES WASTEWATER FACILITIES

MEASURE:

ADMINISTRATIVE CIVIL LIABILITIES ADDRESSING MANDATORY MINIMUM PENALTIES
VIOLATIONS SUBJECT TO MANDATORY MINIMUM PENALTIES ADDRESSED AND PENDING

MESSAGE:

A very high percentage of MMP violations are addressed with a significant percentage of penalties assessed at the Mandatory Minimum

*KEY STATISTICS FOR FY 2008-09*
ACLs Addressing MMP	199
MMP Violations Addressed	22,445
MMP Violations Pending	2,810

MEASUREMENTS

WHAT THE MEASURE IS SHOWING

As a result of the 2008 MMP initiative, a significant percentage of MMP violations are being addressed. Most of the Administrative Civil Liabilities (ACLs) issued during fiscal year 2008-09 adressed MMP violations. Approximately 11% of MMP violations are pending. As of June 30, 2009, only 4% of MMP violations older than 18 months have not received a penalty at or above the mandatory minimum.

WHY THIS MEASURE IS IMPORTANT

The Regional Boards do not have discretion in assessing penalties below the minimum for certain NPDES violations. For violations that are subject to mandatory minimum penalties, the Regional Boards must either assess an ACL for the mandatory minimum penalty or a greater amount. ACLs assessed at the mandatory minimum amount do not require consideration of all the factors required when imposing discretionary ACLs and require a lower level of effort. This measure tracks the prioritization of ACL actions (mandatory versus discretionary) and the associated workload for NPDES enforcement staff.

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. MMPs violations addressed include violations addressed in FY 08-09 and MMP violations addressed in previous fiscal years. MMP violations occurring since January 1, 2000.
Data Definitions: ACL: Monetary penalties intended to address past violations. ACL addressing MMPs: An ACL that addresses violations subject to mandatory minimum penalties. MMP Violation: A violation subject to mandatory minimum penalties. MMP violation addressed or in progress: Those violations subject to mandatory minimum penalties that have settled an ACL or are in the process of being addressed with an expedited payment letter.
References: More information on the Water Boards’ NPDES program is available at: http://www.waterboards.ca.gov/water_issues/programs/npdes/
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

Mandatory Minimum Penalty (MMP): Mandatory penalty provisions are required by California Water Code section 13385(h) and (i) for specified violations of NPDES permits. For violations that are subject to mandatory minimum penalties, the Regional Board must either assess an ACL for the mandatory minimum penalty or assess an ACL for a greater amount. California Water Code section 13385(h) requires that a mandatory minimum penalty of $3,000 be assessed by the Regional Board for each serious violation. A serious violation is any waste discharge that exceeds the effluent limitation for a Group I pollutant by 40 percent or more, or a Group II pollutant by 20 percent or more. California Water Code section 13385.1 also defines a serious violation subject to MMP a failure to submit a compliance self monitoring report for each complete period of 30 days.