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

ENFORCE: WASTE DISCHARGES TO LAND - WDR

WHAT THE MEASURE IS SHOWING

The tables list the number of enforcement actions taken by the Regional Water Boards grouped 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. It is significant to highlight that there are no records of Cleanup and Abatement Orders issued under the Waste Discharge to Land program during calendar year 2011. The trend information shows a steady level of enforcement at both compliance and penalty actions. 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. Enforcement can prevent threatened pollution from occurring and can promote prompt cleanup and correction of existing pollution problems. 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.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS Period: January 1, 2000 to December 31, 2011. Extracted on July 30, 2012.
• Unit of Measure: Number of enforcement actions with an effective date during calendar years between 2000 and 2011.
• 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' WDR NON15 Program
  Public Reports and Data
  Enforcement and Compliance Assurance Information
  The Water Boards' Enforcement Policy

GLOSSARY

Waste Discharge Requirements

The Waste Discharge Requirements (WDR) - Waste Discharges to Land Program regulates all point source discharges of waste to land that do not require full containment (which falls under the Land Discharge Program), or are not subject to the NPDES Program.

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.

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.

( Page last updated:  9/12/12 )

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