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

MEASUREMENTS  - Data last updated on: 

WHAT THE MEASURE IS SHOWING

Violations vary from not submitting monitoring reports on time to insufficient stormwater pollution prevention plan (SWPPP).  Eight percent of NPDES stormwater violations have been identified as priority violations in 2010.  The most common is reporting violations.

WHY THIS MEASURE IS IMPORTANT

The Water Boards identify priority violations based on criteria identified in the Water Quality Enforcement Policy .  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

• Data Source: SMARTS.
• Unit of Measure: Number of violations documented by type of violation.
• Data Definitions: Violations with status "violation".
• References: Information on the Water Boards' NPDES Stormwater Program
  Public Reports and Data
  Enforcement and Compliance Assurance Information
  The Water Boards' Enforcement Policy

GLOSSARY

Construction Stormwater Program

Dischargers whose projects disturb 1 or more acres of soil or are part of a larger common plan of development that in total disturbs 1 or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2000-0009-DWQ).

Industrial Stormwater Program

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.

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 Violations

Class II 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 violation.

Class III Violations

Class III 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 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 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 violations are all violations that are not class I priority or class II violations.

( Page last updated:  9/17/12