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The California Water Boards' Annual Performance Report - Fiscal Year 2013-14

ENFORCE: NPDES WASTEWATER

GROUP:  ALL NPDES WASTEWATER FACILITIES
MEASURE:  PRIORITY VIOLATIONS
MESSAGE:  Class I and II priority violations represent 45% of all violations.
KEY STATISTICS FOR 2013

 

MEASUREMENTS  - Data last updated on: 

Regional
Board
Class I
Violations
Class II
Violations
Class III
Violations
Violations
Pending
Classification
Total
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WHAT THE MEASURE IS SHOWING

Approximately thirty nine percent of NPDES wastewater violations have been identified as in the two higher priority categories. The enforcement policy requires prioritize violations for enforcement according to its significance. In some circumstances the priority of the violation is pending determination. The data shows that a significant percentage (33%) of violations are pending the priority class determination. The exception is Region 4 with most of the violations prioritized in compliance with the enforcement policy.

WHY THIS MEASURE IS IMPORTANT

Approximately 45 percent of NPDES wastewater violations have been identified in the two higher priority categories. The enforcement policy requires prioritize violations for enforcement according to its significance. In some circumstances the priority of the violation is pending determination. The data shows that a significant percentage (22%) of violations are pending the priority class determination. The exception is Regions 3 and 4 with most of the violations prioritized in compliance with the enforcement policy. Only 9 violations were classified with the highest priority for enforcement.

TECHNICAL CONSIDERATIONS

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 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.
 

( Page last updated:  11/3/14

 
 

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