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Water Conservation Portal - Enforcement
The State Water Resources Control Board's Office of Enforcement has put in place a progressive enforcement strategy for the urban water suppliers (suppliers) that are not meeting their conservation standard (California Code of Regulations, title 23, section 865(c)(1)).
Under the May 2016 revision and extension of the Emergency Regulation through the end of February 2017, most suppliers self-certified conservation standards and submitted information certifying supply reliability for three additional years of drought pursuant to California Code of Regulations, title 23, section 864.5.
- For suppliers that self-certified, compliance is evaluated cumulatively starting from June 2016.
- For suppliers that chose not to self-certify, their previous conservation standards remain in place and compliance continues to be evaluated cumulatively starting from June 2015.
Enforcement tools utilized include:
- Warning Letters
- Notices of Violation and Information Orders
- Administrative Civil Liability Complaints
- Conservation Orders
- Alternative Compliance Orders
As of June 1, 2016, any supplier out of compliance with its conservation standard will receive a notice of violation and Informational Order. Pending further discussions with suppliers, some suppliers may receive Conservation Orders and Water Board staff will evaluate the need for additional enforcement on an ongoing basis.
The following table outlines the previous compliance priorities and general enforcement strategy, which was in place between June 1, 2015 and May 31, 2016:
| PRIORITY | DESCRIPTION | DETAILS |
|---|---|---|
| 1 | More than 15 percentage points below standard | Each priority 1 supplier receives a Notice of Violation and Informational Order. Meetings are arranged with State Water Board staff to assess the circumstances preventing the supplier from achieving their conservation standard. Some of the suppliers will receive Conservation Orders. |
| 2 | 5 to 15 percentage points from meeting standard | Each priority 2 supplier is sent a Notice of Violation and Informational Order. Priority 2 suppliers have two weeks to provide information on water production, water use, and water conservation efforts. Based on this information, Water Board staff assesses the need for a Conservation Order. If a Conservation Order is warranted, Water Board staff will meet with the supplier before issuing an order. |
| 3 | 0 to 5 percentage points from meeting standard |
Warning letters are sent to priority 3 suppliers. |
| 0 | Meeting standard | The State Water Board congratulates the suppliers that met, or were within one percent of meeting, their conservation standard. |
