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The California Water Boards' Annual Performance Report - Fiscal Year 2016-17
ENFORCE: PENALTY ACTIONS |
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MEASUREMENTS
| Program | Number of Penalty Actions in FY 16-17 |
Total Liability Assessed |
Cash Liability | Project Liability |
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WHAT THE MEASURE IS SHOWING
WHY THIS MEASURE IS IMPORTANT
TECHNICAL CONSIDERATIONS
- Data Source: CIWQS. Period: July 1, 2016 to June 30, 2017. Extracted on November 8, 2017.
- Unit of Measure: Number of penalties assessed during the fiscal year.
- Data Definitions: Penalties Assessed: Amounts assessed in an ACL, settlement agreements or any other penalty action. Projects include Compliance Projects (CPs), Enhanced Compliance Actions (ECAs), and Supplemental Environmental Projects (SEPs).
- All Other Programs: Include Timber Harvest operations, Irrigated Lands, Underground Storage Tanks and Site Cleanup.
- References: Administrative Civil Liability Report
Office of Enforcement
The Water Boards' Enforcement Policy
State Water Board SEP Policy
GLOSSARY
- Administrative Civil Liability (ACL)
- Administrative Civil Liabilities means monetary assessments imposed by a RWQCB or the SWRCB. The California Water Code and the Health and Safety Code authorize ACLs in several circumstances. California Water Code sections 13323-13327 describe the process to be used to assess ACLs. Assessments of administrative civil liability can be either negotiated pursuant to a settlement agreement or imposed after an administrative adjudication.
- Compliance Project (CP)
- A Compliance Project (CP) is a project designed to address problems related to the violation and bring the discharger back into compliance in a timely manner. CPs can only be considered where they are authorized by statute. At this time, CPs are authorized by statute only in connection with MMPs if the POTW serves a small community with a financial hardship.
- Enhanced Compliance Action (ECA)
- Enhanced Compliance Actions are projects that enable a discharger to make capital or operational improvements beyond those required by law, and are separate from projects designed to merely bring a discharger into compliance. The Water Boards may approve a settlement with a discharger that includes suspension of a portion of the monetary liability of a discretionary ACL for completion of an ECA.
- Supplemental Environmental Project (SEP)
- Supplemental environmental projects are defined as environmentally beneficial projects which a defendant/respondent agrees to undertake in settlement of an enforcement action, but which the defendant respondent is not otherwise legally required to perform.
