The California Water Boards' Annual Performance Report
ENFORCE: NPDES WASTEWATER |
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| GROUP: |
ALL NPDES WASTEWATER FACILITIES |
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| MEASURE: |
PRIORITY VIOLATIONS |
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| MESSAGE: |
Class I and II priority violations represent 59% of all violations. |
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MEASUREMENTS
Regional
Board |
Class I
Violations |
Class II
Violations |
Class III
Violations |
Violations
Pending
Classification |
Total |
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WHAT THE MEASURE IS SHOWING
Approximately sixty percent of NPDES wastewater violations have been identified as in the two higher priority categories. The enforcement policy requires violations according to its significance. In some circumstances violations the priority of the violation is pending determination. The data shows that a significant percentage (22%) of violations are pending the class determination.
WHY THIS MEASURE IS IMPORTANT
The Water Boards identify priority violations based on criteria identified in the Water Quality Enforcement Policy . The enforcement policy states that “The Water Boards shall rank violations and then prioritize cases for formal discretionary enforcement action to use the most efficient and effective use of available resources”. A priority violation represents a greater threat to water quality than other violations. Violations are detected through reviewing of self monitoring reports, inspections and complaints. The enforcement policy requires that the Water Boards ensure that all violations are documented in the appropriate Water Board data management system. According to the enforcement policy all violations will be entered within 10 days of discovery of the violation. Identification and documentation of violations is important to ensure that water quality is protected and that serious violations and those high priority violations receive an adequate enforcement response. Tracking violations and compliance rates over time is necessary to assess the effectiveness of the Water Boards enforcement policies and actions. To the greatest extent possible, Regional Water Boards shall target entities with class I priority violations for formal enforcement action.
TECHNICAL CONSIDERATIONS
GLOSSARY
- National Pollutant Discharge Elimination System (NPDES)
- The NPDES permit program (Section 402 of the Clean Water Act ) controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. US EPA has approved the Water Board's program to issue NPDES permits.
- Class I Priority Violations
- Class I priority violations are those violations that pose an immediate and substantial threat to water quality and that have the potential to cause significant detrimental impacts to human health or the environment. Violations involving recalcitrant parties who deliberately avoid compliance with water quality regulations and orders are also considered class I priority violations because they pose a serious threat to the integrity of the Water Boards’ regulatory programs.
- Class II Priority Violations
- Class II priority violations are those violations that pose a moderate, indirect, or cumulative threat to water quality and, therefore, have the potential to cause detrimental impacts on human health and the environment. Negligent or inadvertent noncompliance with water quality regulations that has the potential for causing or allowing the continuation of an unauthorized discharge or obscuring past violations is also a class II priority violation.
- Class III Priority Violations
- Class III priority violations are those violations that pose only a minor threat to water quality and have little or no known potential for causing a detrimental impact on human health and the environment. Class III priority violations include statutorily required liability for late reporting when such late filings do not result in causing an unauthorized discharge or allowing one to continue. Class III priority violations should only include violations by dischargers who are first time or infrequent violators and are not part of a pattern of chronic violations. Class III priority violations are all violations that are not class I priority or class II priority violations.
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