Inspection, Violation and Enforcement Data Review

During the CUPA evaluation process, the State Water Board evaluation staff examine two key reports: the CERS UST CME Data Download report and the Semiannual UST Program Report (Report 6). The CERS UST CME Data Download report consolidates information on inspections, violations, and enforcement actions stemming from UST Routine and Other inspections. The Report 6 provides comprehensive data on UST totals, inspections conducted, and the TCR performance measure violations.

Evaluation staff select a date range aligned with the CUPA evaluation period for both the CERS UST CME Data Download and Report 6. It is recommended that CUPA staff regularly review the CERS CME data to cross-reference with internal records. During the evaluation, enforcement data is analyzed to ensure consistency with the CUPA's Inspection and Enforcement Plan, CCR and HSC.

Items reviewed by Evaluation staff in the UST CME Data Download

  • The UST column includes all Applicable UST facilities that have had at least one inspection recorded in the selected date range
    • Evaluation staff will confirm the facility number matches the number of facilities within the jurisdiction
  • The Inspection Type (column 907) denotes "Routine" or "Other" for the inspection type
    • Evaluation staff will confirm UST facilities have one Routine inspection conducted annually
  • Number of associated violations are divided up by class (columns 910, 911, 912)
  • Evaluation staff will confirm correct violations and associated TCR are utilized
  • Violation Type Number (column 930)
    • Evaluation staff will confirm the most applicable violation type number, including TCR Qualifier information, has been selected.
      • This includes incorrect use of "General" Violations (Violation Number 2010) in lieu of applicable CERS violation
  • Violation Class (column 931)
    • Evaluation staff will begin reviewing after effective date of proposed Chapter 16 rewrite (expected effective date - January 1, 2026)
  • "Scheduled" versus "Actual" Return to Compliance Dates (columns 933 and 934)
    • Information logged by the CUPA will create a range, totaling number of days to reach compliance
    • Evaluation staff will review the percentage of facilities achieving compliance within 60 days.
      • A blank "Actual Return to Compliance Date" (column 934) will result in an incomplete range, which means no RTC has been recorded.
  • Return to Compliance Qualifier (column 935)
    • Evaluation staff will confirm the most applicable RTC Qualifier has been selected.
      • Documented
      • Observed
      • Unobserved
      • Not Resolvable
        • Only to be used for situations where it is not possible to reach a resolution
        • Missed testing, repairs, etc., are resolvable violation
  • Evaluation staff will confirm RTC is met within 60 days.
  • Helpful tip: After a routine inspection, if a facility received no violations, there should be nothing from prior Routine inspections for that CERS ID on this tab.
    • Evaluation staff will review if a violation should have been re-issued the subsequent year if no RTC is recorded.
  • Type of Enforcement Action
  • Evaluation staff will review the Red Tag issuance information, referrals, and count of linked Class 1, 2, and Minor violations

What CUPAs can do to prepare their CME data

  • At least quarterly, the CUPA should ensure:
    • Only one "Routine" inspection is logged per UST facility, all other inspections are "Other"
    • The violation type number and description match the violation observed on site, and in the Inspection Report
    • TCR Qualifying violations will be denoted by: NAME (USEPATCR ##)
  • Repeat violations are being re-issued if compliance has not been met
    • Old violations are not to be closed out in lieu of newer issuance dates
  • Enforcement data logged
    • Red tag or other enforcement proceedings will be reviewed if there are recalcitrant sites with multiple open violations.
    • Enforcement data must be reported to CERS

CME Statue and Regulation Code Sections:

  • HSC, Chapter 6.7, 25288