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

ENFORCE: LAND DISPOSAL

GROUP: ALL LAND DISPOSAL FACILITIES	MEASURE: ENFORCEMENT ACTIONS 2013 ENFORCEMENT TRENDS 2013-14
MESSAGE:  penalty action issued in calendar year 2013.

 

MEASUREMENTS 

Land Disposal Enforcement Actions for Year 2013 - by Regional Board:

Enforcement Action Type	1	2	3	4	5F	5R	5S	6A	6B	7	8	9	Grand Total

 

Land Disposal Open Landfills Receiving Waste Enforcement Actions for 2013 – By Regional Board:

Enforcement Action Type	1	2	3	4	5F	5R	5S	6A	6B	7	8	9	Grand Total

Land Disposal Closed Landfills Not Waste Enforcement Actions for 2013 - By Regional Board:

Enforcement Action Type	1	2	3	4	5F	5R	5S	6A	6B	7	8	9	Grand Total

Land Disposal All Other Facilities (Excluding Landfills) Enforcement Actions for 2013 - By Regional Board:

Enforcement Action Type	1	2	3	4	5F	5R	5S	6A	6B	7	8	9	Grand Total

ENFORCEMENT ACTION TRENDS:

 

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 2013. 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. 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.
• Unit of Measure: Number of enforcement actions with an effective date during each calendar year.
• Data Definitions: Informal Enforcement: any communication from that notifies the discharger of a problem (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 (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.

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.

Type of Enforcement Action	Description	Classification
Expedited Payment Offer	A conditional offer that provides a discharger with an opportunity to resolve any outstanding violations subject to mandatory minimum penalties by acknowledging them and providing full payment of the accrued mandatory penalties identified in the payment letter.	Informal
Verbal Communication	Any communication regarding the violation that takes place in person or by telephone.	Informal
Staff Enforcement Letter	Any written communication regarding violations and possible enforcement actions that is signed at the staff level.	Informal
Notice of Violation	A letter officially notifying a discharger of a violation and the possible enforcement actions, penalties, and liabilities that may result. This letter is signed by the Executive Office.	Informal
Notice to Comply	Issuance of a Notice to Comply per Water Code Section 13.	Formal
13267 Order	A letter utilizing Water Code Section 13267 authority to require further information or studies.	Formal
Clean-up and Abatement Order	Any order pursuant to Water Code Section 13304.	Formal
Cease and Desist Order	Any order pursuant to Water Codes Sections 13301-13303.	Formal
Time Schedule Order	Any order pursuant to Water Code Section 13300.	Formal
Administrative Civil Liability (ACL) Complaint	ACL Complaint issued by the Executive Officer.	Formal
Administrative Civil Liability (ACL) Order	An ACL Order that has been imposed by the Water Board or SWRCB.	Formal
Settlement	A settlement agreement per California Government Code Section 11415.6.	Formal
Referral	Referral to the District Attorney, Attorney General, or USEPA.	Formal
Referred to a Task Force	Any referral of a violation to an environmental crimes task force.	Formal
Referral to Other Agency	Any referral to another State Agency.	Formal
Third Party Action	An enforcement action taken by a non-governmental third party and to which the State or Water Board is a party.	Formal
Waste Discharge Requirements	Any modification or rescission of Waste Discharge Requirements in response to a violation.	Formal

 

( Page last updated:  11/5/14 )