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

MEASUREMENTS  - Data last updated on: 

More than 90% of violations receiving enforcement   Between 80% and 90% of violations receiving enforcement   Less than 80% of violations receiving enforcement

WHAT THE MEASURE IS SHOWING

The table above shows the number of violations recorded from 2007 to 2011.  It also lists the number of violations for which there is a completed enforcement action entered in SMARTS (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.

The table shows a high enforcement response rate. This is due, in part, to the fact that stormwater violations are often documented in the database at the same time the enforcement action is recorded. 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: Stormwater Multi-Application, Reporting, and Tracking System (SMARTS).
• Unit of Measure: Number of violations documented.
• 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.

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:  9/17/12 )