The California Water Boards' Annual Performance Report - 2011

MEASUREMENTS  - Data last updated on: 

More than 90% of violations with completed enforcement   Between 80% and 90% of violations with completed enforcement   Less than 80% of violations with completed enforcement

WHAT THE MEASURE IS SHOWING

The table above shows the number of violations recorded from 2008 to 2011.  It also lists the number of violations for which there is a completed enforcement action entered in CIWQS (enforcement is still pending for some, but not all, of these violations).  The percentages at the bottom of the table show each violation category as a percentage of the total number of violations and the percentage of violations linked to an enforcement action.  While the Water Boards’ enforcement authorities are significant, resource levels generally preclude enforcement against every violation.

There can be a significant lag in the time between the discovery and reporting of a violation, and the resulting enforcement action.  This is due to available staffing and the time it takes to pursue enforcement, particularly for complex enforcement cases.  Also, minor violations may be resolved before enforcement is taken.  As a result, the percentage of violations where enforcement has been taken is lower for more recent violations, and tends to increase as time goes by and additional actions are taken for past violations.  The data for 2011 will likely change significantly since not all violations have yet been recorded for 2011.

WHY THIS MEASURE IS IMPORTANT

Violations are detected through reviewing of self monitoring reports, inspections and complaints. It is the policy of the State Water Board that every violation results in the appropriate enforcement response consistent with the priority of the violation established in accordance with the enforcement policy.  According to the enforcement policy all violations will be entered within 10 days of discovery of the violation and all enforcement actions will be entered within 20 days of the date of the enforcement action. 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. For every enforcement action taken, the discharger’s return to compliance should be tracked in the Water Board’s enforcement database.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS. Extracted on September 30, 2011.
• Unit of Measure: Number of violations documented.
• Data Definitions: Violations with status "violation".
• References:
  The Water Boards' NPDES Program
  Public Reports and Data
  Enforcement and Compliance Assurance Information
  The Water Boards' Enforcement Policy

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.

Formal Enforcement

Formal enforcement actions are statutorily recognized actions to address a violation or threatened violation such as Cleanup and Abatement Orders.

Informal Enforcement

An informal enforcement action is any enforcement action taken by Water Board staff that is not defined in statute, such as staff letters and notices of violation.

Compliance Actions

Formal enforcement actions that directly require compliance using the authority established under Article 1 of Chapter 5 of the California Water Code such as Cease and Desist Orders, Cleanup and Abatement Orders and Time Schedule Orders.

Penalty Actions

Formal Actions that impose or settle a penalty or requires the completion of a project associated to a monetary amount.

All Other Enforcement Actions

All other formal and informal actions that communicates a violation or starts the procedures of an enforcement case or that requires additional information or starts an investigation.

( Page last updated:  6/27/12 )