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

ENFORCEMENT: LAND DISPOSAL

GROUP:

LAND DISPOSAL

MEASURE: ENFORCEMENT RESPONSE 2005 - 2016

MESSAGE:

MEASUREMENTS

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Violation Type	2005	2006	2007	2008	2009	2010	2011	2012	2013	2014	2015	2016

WHAT THE MEASURE IS SHOWING

WHY THIS MEASURE IS IMPORTANT

TECHNICAL CONSIDERATIONS

Data Source: California Integrated Water Quality System (CIWQS). Extracted on November 6, 2017
Unit of Measure: Violations documented. Violations linked to an enforcement action. Data is compiled on a calendar year basis.
Data Definitions: Violations with status "violation". Violations are not double counted and are grouped in 4 groups: Group 1: Violations not linked to an enforcement action with a status active or historical. Group 2: Violations linked to a penalty action with a status active or historical. Group 3: Violations linked to a compliance action with a status active or historical but not to a penalty action with a status of active or historical. Group 4: Violations linked to all other types of enforcement actions with a status of active or historical.
References: The Water Boards' Land Disposal Program
Public Reports and Data
Office of Enforcement
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.
Compliance Actions: Compliance actions are formal enforcement actions that impose sanctions and/or require compliance. Compliance Actions include Notices to Comply (NTC), Notices of Noncompliance (NNC), Time Schedule Orders (TSO), Cease and Desist Orders (CDO) and Clean Up and Abatement Orders (CAO).
Formal Enforcement: Formal enforcement actions are statutorily based actions to address a violation or threatened violation of water quality laws, regulations, policies, plans, or orders.
Informal Enforcement Actions: Informal enforcement actions are enforcement actions taken by Water Board staff that are not defined in statute or regulation. Informal enforcement action can include any form of communication (oral, written, or electronic) between Water Board staff and a discharger concerning an actual, threatened, or potential violation. Informal enforcement actions cannot be petitioned to the State Water Board.

The purpose of an informal enforcement action 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. The Water Board may take formal enforcement action in place of, or in addition to, informal enforcement actions.
Penalty Actions: Penalty Actions are formal enforcement actions where administrative or judicial actions impose a penalty or require 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.

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
Notice of Noncompliance	The Storm Water Enforcement Act of 1988 requires two Notices of Noncompliance to be issued to storm water dischargers for reporting violations prior to issuing an administrative civil liability complaint.	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.	Informal
Referred to a Task Force	Any referral of a violation to an environmental crimes task force.	Informal
Referral to Other Agency	Any referral to another State Agency.	Informal
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: 12/5/17 )