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ENFORCE: NPDES WASTEWATER
During fiscal year 2009-2010 a significant number of Administrative Civil Liability actions were issued under the NPDES program in response to the 2008 MMP initiative. This large number of actions assessed a significant amount in penalty liability of which approximately 46% has thus far been resolved. Of the liability amount thus far resolved, 25% contributed to approved compliance and supplemental environmental projects and 75% was collected as direct payments into the Cleanup and Abatement Account or into the Waste Discharge Permit Fund. It also significant to point out the large number of cases that remain in progress.
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. For other types of violations, mandatory minimum penalties must be imposed and settlement conditions for those violations are also limited. The Regional Boards must consider whether the discharger should be allowed to satisfy some or all of the monetary assessment by completing or funding one or more compliance or 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.