The California Water Boards' Annual Performance Report - Fiscal Year 2014-15

ENFORCE: NPDES STORM WATER

GROUP:

ALL NPDES STORM WATER FACILITIES

MEASURE:

VIOLATION CATEGORIES AND PRIORITIES

MESSAGE:

KEY STATISTICS FOR 2014

MEASUREMENTS - Data last updated on:

Violation Category	Non-Priority Violations	Class I and II Priority Violations	Total	% of Total

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WHAT THE MEASURE IS SHOWING

WHY THIS MEASURE IS IMPORTANT

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The Water Boards identify priority violations based on criteria identified in the Water Quality Enforcement Policy. A priority violation represents a greater threat to water quality than other violations. 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. To the greatest extent possible, Regional Water Boards shall target entities with class I priority violations for formal enforcement action.

TECHNICAL CONSIDERATIONS

Data Source: SMARTS.
Unit of Measure: Number of violations documented by type of violation.
Data Definitions: Violations with status "violation".
References: Information on the Water Boards' NPDES Storm Water Program
Public Reports and Data
Office of Enforcement
The Water Boards' Enforcement Policy

GLOSSARY

Construction Storm Water Program: Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. For more information, see the Construction Storm Water Program.

Industrial Storm Water Program: The Industrial General Permit is an NPDES permit that regulates discharges associated with 10 broad categories of industrial activities. The Industrial General Permit requires the implementation of Best Available Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT) to achieve performance standards. For more information, see the Industrial Storm Water Program.
Municipal Storm Water Program: The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4s). Storm water is runoff from rain or snow melt that runs off surfaces such as rooftops, paved streets, highways or parking lots and can carry with it pollutants such as: oil, pesticides, herbicides, sediment, trash, bacteria and metals. The runoff can then drain directly into a local stream, lake or bay. Often, the runoff drains into storm drains which eventually drain untreated into a local waterbody. For more information, see the Municipal Storm Water Program
Municipal Storm Water Phase I Facilities: The Municipal Storm Water Permits regulate storm water discharges from municipal separate storm sewer systems (MS4s). Under Phase I, which began in 1990, the Regional Water Boards have issued NPDES MS4 permits to permittees serving populations greater than 100,000 people. Many of these permits are issued to a group of co-permittees encompassing an entire metropolitan area. These permits are reissued as the permits expire.
Municipal Storm Water Phase II Facilities: Under Phase II, the State Water Board adopted a General Permit for the Discharge of Storm Water from Small MS4s (WQ Order No. 2003-0005-DWQ) to provide permit coverage for smaller municipalities (10,000 to 100,000 people), including non-traditional small MS4s which are governmental facilities such as military bases, public campuses, prisons and hospital complexes.
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 Violations: Class II 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.

Category 1 pollutant
Oxygen Demand Biochemical Oxygen Demand Chemical Oxygen Demands Total Organic Carbon Other Solids Total Suspended Solids (Residues) Total Dissolved Solids (Residues) Other Nutrients Inorganic Phosphorus Compounds Inorganic Nitrogen Compounds Other	Detergents and Oils MBAS NTA Oil and Grease Other detergents or algaecides Minerals Calcium, Chloride, Fluoride, Magnesium, Sodium, Potassium, Sulfur, Sulfate, Total Alkalinity, Total Hardness, Other Minerals Metals Aluminum, Cobalt, Iron, Vanadium
Category 2 pollutant – Category 2 pollutants as defined by USEPA:
Metals (all forms) - Other metals not specifically listed under Group I Inorganics - Cyanide, Total Residual Chlorine Organics - All organics are Group II except those specifically listed under Group I.
Other effluent violation – Any violation of an effluent requirement not cover under Category 1 or Category 2.
Chronic Toxicity – Violation of a chronic toxicity effluent requirement.
Acute Toxicity – Violation of an acute toxicity effluent requirement.
Violation of Non-effluent Permit Condition – Violation of any permit condition not pertaining to effluent requirements.
Reporting – Late report, failure to submit a report, or a report that is either not complete or contains errors.
Monitoring – Failure to conduct required monitoring
Compliance schedule – Failure to comply with a compliance schedule in a permit. This does not include schedules in an enforcement order likes a Cease & Desist and Time Schedule Orders.
Sanitary Sewer Overflow – Any spill from a sanitary sewer collection system or pump station.
Unauthorized Discharge – Any discharge other than allowed by WDRs that is not a sanitary sewer overflow.
Unregulated Discharge – Discharge from a site not currently under WDRs.
Groundwater – Any release to groundwater that violates permit conditions or basin plan prohibitions.
BMP – Failure to implement proper best management practices.
SWPPP – Failure to complete or update a stormwater pollution prevention plan.
Failure to obtain permit – Failure to obtain the appropriate permit prior to discharge or regulated activity.
Other Codes – Violations of codes sections other that the California Water Code.
Enforcement Action – Failure to comply with a previous enforcement order by not meeting its requirements, its time schedule, or failure to pay penalties.
Basin Plan Prohibition – Violation of any basin plan prohibition.

( Page last updated: 11/30/15