The California Water Boards' Annual Performance Report - Fiscal Year 2011-12

REGULATE:NPDES STORMWATER

WHAT THE MEASURE IS SHOWING

The tables list the number of enforcement actions taken by the Regional Water Boards in groups from informal to more formal during calendar year 2011. As expected, the Regional Boards use informal actions more often to notify dischargers that violations have been noted and recorded. The use of formal actions (compliance actions and penalty actions) in several regions is limited to the imposition of penalties. There is a significant variability in the number and types of enforcement actions issued overtime by Regional Water Board.

WHY THIS MEASURE IS IMPORTANT

Enforcement plays a significant role in the Water Boards' strategies to protect water quality and represents a significant amount of work for both the State and Regional Boards. Enforcement deters 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 and SMARTS July 1, 2011 to June 30, 2012. Extracted on July 30, 2012.
• Unit of Measure: Number of enforcement actions with an effective date during Calendar Year 2011. Enforcement Actions issued for violations of the Construction Stormwater permit, the Industrial Stormwater permit and Municipal (MS4) permits.
• Data Definitions: Informal Enforcement: any communication from that notifies the discharger of a problem (¹ for reporting purposes it includes 13267 letters and notices to comply). Formal Enforcement: administrative or judicial actions that impose sanctions and/or require compliance where a hearing is available to contest the allegations (² 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

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.

 

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.

Penalty Actions

Administrative or judicial enforcement actions that impose a penalty or requires the completion of a project associated to a monetary amount. Penalty actions include liabilities imposed with an Administrative Civil Liability (ACL) and settlement agreements pursuant to Government Code section 11415.60.

Compliance Actions

Administrative or judicial enforcement actions that impose sanctions and/or require compliance where a hearing is available to contest the allegations. Compliance actions typically uses authority established under Article 1 of Chapter 5 of the California Water Code.  Compliance Actions include Time Schedule Orders (TSO), Cease and Desist Orders (CDO) and Clean Up and Abatement Orders (CAO).

All Other Enforcement

Includes any communication or enforcement action taken by Water Board staff that is not defined in statute or regulation. For reporting purposes, it also includes Notices to Comply, Notices of Stormwater Noncompliance, and Technical Reports and Investigations required under section 13267 of the California water Code. It can include any form of communication (oral, written, or electronic) between Water Board staff and a discharger concerning an actual, threatened, or potential violation. The purpose of this actions is to quickly bring an actual, threatened, or potential violation to the discharger’s attention and to give the discharger an opportunity to return to compliance as soon as possible. from the Regional or State Water Boards that notifies the discharger of a problem or a violation. It is the first level of response.

Industrial Stormwater Actions

Discharges associated with 10 broad categories of industrial activities are regulated under the Industrial Storm Water General Permit Order 97-03-DWQ (General Industrial Permit), which is an NPDES permit.

Municipal Stormwater Phase I Facilities

The Municipal Storm Water Permits regulate storm water discharges from municipal separate storm sewer systems (MS4s). Under Phase I, which began in 1990, the Regional Water Boards have issued NPDES MS4 permits to permittees serving populations greater than 100,000 people. Many of these permits are issued to a group of co-permittees encompassing an entire metropolitan area. These permits are reissued as the permits expire.

Municipal Stormwater Phase II Facilities

Under Phase II, the State Water Board adopted a General Permit for the Discharge of Storm Water from Small MS4s (WQ Order No. 2003-0005-DWQ) to provide permit coverage for smaller municipalities (10,000 to 100,000 people), including non-traditional small MS4s which are governmental facilities such as military bases, public campuses, prisons and hospital complexes.

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