The California Water Boards' Annual Performance Report - Fiscal Year 2010-11

MEASUREMENTS  - Data last updated on: 

WHAT THE MEASURE IS SHOWING

The data show the volume of work in the stormwater program in response to documented violations. The volume of informal enforcement response is greater than the rest of regulatory programs combined. More than a third of enforcement actions occurred at Region 4 although no formal actions were taken in FY 10-11 in that region. Four regions issued penalty actions for stormwater violations.

WHY THIS MEASURE IS IMPORTANT

Enforcement plays a significant role in the Water Boards' strategies to protect water quality anrepresents a significant amount of work for both the State and Regional Boards. Enforcementdeters potential violators and protects public health and the environment. The Water Boards use progressive enforcement by addressing some violations with an informal response such as a phone call or staff enforcement letter followed, if needed, with a more formal action. If violations continue, the enforcement response should be quickly escalated to increasingly more formal and serious actions until compliance is achieved. This measure displays the use of formal versus informal actions to address documented violations. The California Water Code has specific enforcement provisions for NPDES stormwater facilities and although most violations are for failure to submit annual reports or for failure to implement best management practices, the first level of response is an informal action notifying the discharger of the violations. The most significant violations received a higher level of enforcement that may include penalties and Cease and Desists Orders.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS-SMARTS. Period: July 1, 2010 to June 30, 2011. Extracted on July 29, 2011.
• Unit of Measure: Number of enforcement actions issued during FY 10-11.
• Data Definitions: ¹Informal Enforcement: Any communication that notifies the discharger of a problem. (For reporting purposes it includes 13,267 letters and notices of stormwater noncompliance). ²Formal Enforcement: Administrative or Judicial Actions that impose sanctions and/or require compliance where a hearing is available to contest the allegations (For reporting purposes it does not include Administrative Civil Liabilities (ACL) actions). Formal Penalty Enforcement: includes Administrative Civil Liability actions and any other monetary assessment imposed.
• References: The Water Boards' NPDES Stormwater program
  Public Reports and Data
  Enforcement and Compliance Assurance Information
  The Water Boards' Enforcement Policy

GLOSSARY

General Permit

An NPDES permit issued under 40 CFR 122.28 that authorizes a category of discharges within a geographical area. A general permit is not specifically tailored for an individual discharger.

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.

( Page last updated:  10/4/11 )