California Water Boards' Annual Performance Report - Fiscal Year  2017-18 

ENFORCE: ALL OTHER REGULATORY PROGRAMS

MEASUREMENTS  - Data Last Updated on: 

WHAT THE MEASURE IS SHOWING

WHY THIS MEASURE IS IMPORTANT

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS. Period: July 1, 2017 to June 30, 2018.
• Unit of Measure: Number of enforcement actions with an effective date during FY 17-18.
• Data Definitions: See glossary.
• All Other Regulatory Programs: Include facilities regulated under section 401 and wetlands, Irrigated Lands, Non Point Source, Reclamation, Site Cleanup, Timber Harvest and those facilities unregulated or not directly regulated.
• References: Public Reports and Data
  Office of Enforcement
  The Water Boards' Enforcement Policy

GLOSSARY

Irrigated Agricultural Lands

Lands where water is applied to produce crops such as land planted to row, vineyard, pasture, field and tree crops, commercial nurseries, nursery stock production, managed wetlands, and rice production that do not currently discharge under waste discharge requirements, National Pollutant Discharge Elimination System (NPDES) permits, Municipal Separate Storm Sewer System (MS4) permits, or other NPDES permits. For more information, see Irrigated Lands Program.

Site Cleanup

The Site Cleanup program addresses commercial, industrial and other non-military sites with non-fuel contamination. Many of these sites are considered Brownfields because of their reuse potential. Site Cleanup Requirements generally mandate a time schedule for specific tasks that must be performed by the responsible party(ies) to investigate and clean up the site. Water Board staff oversee implementation of these tasks including investigations, corrective actions, and human health risk assessments at sites with current or historic unauthorized discharges, which have adversely affected or threaten to adversely affect waters of the state. For more information, see Site Cleanup Program.

Timber Harvest Forestry

This program regulates discharges from logging and associated activities. Timber harvesting activities with the greatest potential to impact waters of the State include: felling, yarding, and hauling of trees; road construction and reconstruction; watercourse crossing construction, reconstruction, or removal; and herbicide applications. Excessive vegetation alteration, soil erosion, and sediment delivery associated with these activities can impact the beneficial uses of water by: 1) silting over fish spawning habitats; 2) clogging drinking water intakes; 3) filling in pools creating shallower, wider, and warmer streams, and increasing downstream flooding; 4) creating unstable stream channels; and 5) losing riparian habitat and function. Timber harvesting in the riparian zone can adversely affect stream temperatures by removing stream shading, especially important for maintaining cold water beneficial uses in temperature impaired waterbodies. For more information, see the appropriate Regional Water Board.

401 Certification/Wetlands

This program encompasses wetlands protection but stems from the legal authority in Clean Water Act section 401 governing the discharge of dredge and fill material in federal waters. Discharge of "fill" material means adding into waters of the United States materials (such as concrete, dirt, rock, pilings, rip-rap, or side-casting material) that are for the purpose or have the effect of either replacing an aquatic area with dry land or raising the elevation of an aquatic area. For more information, see the 401 Certification and Wetlands Program.

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 Actions

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.