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

MEASUREMENTS  - Data last updated on: 

WHAT THE MEASURE IS SHOWING

WHY THIS MEASURE IS IMPORTANT

The mission of compliance and enforcement programs is to ensure that compliance with the laws and regulations is achieved and maintained over time. Compliance rates inform the public about efforts of the regulated community and the work of government agencies. Compliance rates assist managers to describe and identify noncompliance problems in magnitude, frequency and duration and also help the evaluation of the enforcement program effectiveness.

Compliance rates provide valuable insight into programs, but it is important to understand variables influencing the rate. Rates can vary depending on inspection protocols and methodology (whether inspections are announced or unannounced, targeted on problem facilities, etc.). How rates are calculated and what data are included (or excluded) are equally important. For example, including all violations in the calculation gives a very different rate than just including significant violations. These variables need to be understood when the rate is used and included with any presentation. While not a perfect measure, compliance rates are considered an outcome measure for the enforcement program and are more constructive than relying on activity and output counts alone. Reporting compliance rates is required in section 13225 (e) of the California Water Code and is identified in the 2010 water quality enforcement policy as one of the 9 key recommended performance measure for Water Boards’ enforcement programs.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS. Period: January 1, 2011 to December 31, 2011. Extracted on July 20, 2012.
• Unit of Measure: Number facilities evaluated with one or more violations.
• Data Definitions: Violations include any documented violation. Data is reported on a calendar basis because the lag between a violation is detected and is reported and documented.
• References: More information on the Water Boards’ NON15 WDR Program
  Public Reports and Data
  Enforcement and Compliance Assurance Information
  The Water Boards' Enforcement Policy

GLOSSARY

Compliance Rate

The number of facilities with one or more documented violation during the reporting period divided by the total number of facilities for which compliance has been assessed.

Compliance Assessment

Compliance assessment is any activity conducted by Water Board staff, USEPA, or contractors working for the Water Boards that evaluates the compliance with requirements established by Water Boards actions. Compliance activities mainly include reviewing self-monitoring reports submitted by dischargers and inspections of the facilities and/or operations of the regulated community.

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 Priority Violations

Class II priority 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 priority violation.

Class III Priority Violations

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

Small Municipal and Domestic Waste Facilities

Facilities discharging municipal waste serving a population equivalent to less than 1,000 people and with a design flow of lower than 100,000 gallons a day. Small municipal waste facilities are typically regulated under a general order and may include facilities discharging to subsurface system such as septic tanks and leach fields and the treatment systems may be small package plants.

Municipal Waste Sources

Facilities that treat sewage or a mixture of predominantly sewage and other waste from districts, municipalities, communities, hospitals, schools, and publicly or privately owned systems (excluding individual surface leaching systems disposing of less than 1,000 gallons per day).

Waste Discharge Requirements Program

The Waste Discharge Requirements (WDR) 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.

( Page last updated:  9/17/12 )