California Water Boards' Annual Performance Report -Fiscal Year  2018-19 

TECHNICAL CONSIDERATIONS

  • Data Source: California Integrated Water Quality System (CIWQS).
  • Unit of Measure: Violations documented. Violations linked to an enforcement action.
  • 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' NPDES Program
    Public Reports and Data
    Office of Enforcement
    The Water Boards' Enforcement Policy

GLOSSARY

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

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.

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 Officer. Informal
Referral Referral to 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
Notice to Comply Issuance of a Notice to Comply per Water Code Section 13399. Formal
Notice of Noncompliance The Stormwater Enforcement Act of 1988 requires two Notices of Noncompliance to be issued to stormwater 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
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