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The California Water Boards' Annual Performance Report - 2011

ENFORCE: NPDES WASTEWATER

GROUP: ALL NPDES WASTEWATER FACILITIES
MEASURE: VIOLATIONS RECEIVING ENFORCEMENT
MESSAGE:  An average of 64% of violations received enforcement in the last 4 years..
KEY STATISTICS FOR 2011

 

MEASUREMENTS  - Data last updated on: 

Reg.
Office
2008 2009 2010 2011
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
  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

 

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.
Type of Enforcement Action Description Classification

Expedited Payment Offer

A conditional offer that provides a discharger with an opportunity to resolve any outstanding violations subject to mandatory minimum penalties by acknowledging them and providing full payment of the accrued mandatory penalties identified in the payment letter

Informal

Verbal Communication

Any communication regarding the violation that takes place in person or by telephone.

Informal

Staff Enforcement Letter

Any written communication regarding violations and possible enforcement actions that is signed at the staff level.

Informal

Notice of Violation

A letter officially notifying a discharger of a violation and the possible enforcement actions, penalties, and liabilities that may result.  This letter is signed by the Executive Officer.

Informal

Notice to Comply

Issuance of a Notice to Comply per Water Code Section 13399.

Formal

13267 Order

A letter utilizing Water Code Section 13267 authority to require further information or studies.

Formal

Clean-up and Abatement Order

Any order pursuant to Water Code Section 13304.

Formal

Cease and Desist Order

Any order pursuant to Water Codes Sections 13301-13303.

Formal

Time Schedule Order

Any order pursuant to Water Code Section 13300.

Formal

Administrative Civil Liability (ACL) Complaint

ACL Complaint issued by the Executive Officer.

Formal

Administrative Civil Liability (ACL) Order

An ACL Order that has been imposed by the Water Board or SWRCB.

Formal

Settlement

A settlement agreement per California Government Code Section 11415.6.

Formal

Referral

Referral to the District Attorney, Attorney General, or USEPA.

Formal

Referred to a Task Force

Any referral of a violation to an environmental crimes task force.

Formal

Referral to Other Agency

Any referral to another State Agency.

Formal

Third Party Action

An enforcement action taken by a non-governmental third party and to which the State or Water Board is a party.

Formal

Waste Discharge Requirements

Any modification or rescission of Waste Discharge Requirements in response to a violation.

Formal

 


 

( Page last updated:  6/27/12 )

 
 

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