The California Water Boards' Annual Performance Report - Fiscal Year 2012-13

MEASUREMENTS  - Data last updated on: 

WHAT THE MEASURE IS SHOWING

The data in Table 3 indicate an uneven distribution of the average number of violations per facility among the different Regional Water Board offices.  The reasons for this variability include differences in facility-specific requirements, differences in Regional Water Board office processes, the priority assigned to report review and data entry, and the differences in rates of compliance among dischargers.

WHY THIS MEASURE IS IMPORTANT

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. Facilities with more than 25 violations may indicate a chronic problem of noncompliance. At the same time the average number of violations per facility in violation may indicate both a problem of chronic noncompliance and a possible variance in the criteria for recording and documenting violations.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS.
• Unit of Measure: Number of Violations documented.
• Data Definitions: Violations with status "violation".
• References: The Water Boards' NPDES Program
  Public Reports and Data
  Enforcement and Compliance Assurance Information
  The Water Boards' Enforcement Policy

GLOSSARY

National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program (Section 402 of the Clean Water Act ) controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. US EPA has approved the Water Board's program to issue NPDES permits.

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 Board' regulatory programs.

Class II Violations

Class 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:  10/3/13 )