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

MEASUREMENTS  - Data last updated on: 

WHAT THE MEASURE IS SHOWING

The level and type of enforcement is similar among the regional boards for those facilities discharging under the Land Disposal program. Most of the regional boards are issuing informal actions and Region 5 issued more than half of all informal actions. Two regions issued a formal action requiring compliance and three regions assessed penalties under the program in FY 11-12.

WHY THIS MEASURE IS IMPORTANT

Enforcement plays a significant role in the Water Boards' strategies to protect water quality anrepresents a significant amount of work for both the State and Regional Boards. Enforcementdeters potential violators and protects public health and the environment. Enforcement can prevent threatened pollution from occurring and can promote prompt cleanup and correctionof 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. This measure displays the use of formal versus informal actions to address documented violations.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS. Period: July 1, 2011 to June 30, 2012. Extracted on July 30, 2012.
• Unit of Measure:Number of enforcement actions with an effective date during FY 11-12.
• 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' Land Disposal 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.

Land Disposal

The Land Disposal program regulates waste discharge to land for treatment, storage and disposal in waste management units. Waste management units include waste piles, surface impoundments, and landfills. California Code of Regulations (CCR) Title 23, (Chapter 15) contains the regulatory requirements for hazardous waste. CCR Title 27, contains the regulatory requirements for wastes other than hazardous waste.

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.

( Page last updated:  9/12/12 )