The California Water Boards' Annual Performance Report - Fiscal Year 2016-17

ENFORCE: NPDES WASTEWATER

GROUP:

ALL NPDES WASTEWATER FACILITIES

MEASURE:

VIOLATION CATEGORIES AND PRIORITIES

MESSAGE:

KEY STATISTICS FOR 2016

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: California Integrated Water Quality System CIWQS. Extracted on:
Unit of Measure: Violations documented.
Data Definitions: Violations with status "violation".
References: The Water Boards' NPDES Program
Public Reports and Data
Office of Enforcement
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 Boards’ 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.

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: 11/9/17 )