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The California Water Boards' Annual Performance Report - Fiscal Year 2010-11

ENFORCE: NPDES WASTEWATER

GROUP:  ALL NPDES WASTEWATER FACILITIES
MEASURE:  ADMINISTRATIVE CIVIL LIABILITIES ADDRESSING MANDATORY MINIMUM PENALTIES
VIOLATIONS SUBJECT TO MANDATORY MINIMUM PENALTIES ADDRESSED AND PENDING
MESSAGE:  Almost 95% of violations, older than 18 months, subject to mandatory minimum penalties are recorded as having received a minimum or greater penalty.
KEY STATISTICS FOR FY 2010-11

 

MEASUREMENTS  - Data last updated on: 

Region Administrative Civil Liabilities Mandatory Minimum Penalty Violations
Number Number
Addressing
MMPs
Percent
Addressing
MMPS
Number Addressed and
In Progress
Older than 18
Months Not
Addressed
Percent
Addressed

WHAT THE MEASURE IS SHOWING

The Regional Boards do not have discretion in assessing penalties below the minimum for certain NPDES violations. For violations that are subject to mandatory minimum penalties, the Regional Boards must either assess an ACL for the mandatory minimum penalty or a greater amount. ACLs assessed at the mandatory minimum amount do not require consideration of all the factors required when imposing discretionary ACLs and require a lower level of effort. This measure tracks the prioritization of ACL actions (mandatory versus discretionary) and the associated workload for NPDES enforcement staff.

 

TECHNICAL CONSIDERATIONS

  • Data Source: CIWQS. Period: July 1, 2010 to June 30, 2011. Extracted on July 29, 2011.
  • Unit of Measure: Number of enforcement actions with an effective date during FY 10-11. MMPs violations addressed include violations addressed in FY 10-11 and MMP violations addressed in previous fiscal years. Total MMP violations include all violations occurring since January 1, 2000.
  • Data Definitions: ACL: Monetary penalties intended to address past violations. ACL addressing MMPs: An ACL that addresses violations subject to mandatory minimum penalties. MMP Violation: A violation subject to mandatory minimum penalties. MMP violation addressed or in progress: Those violations subject to mandatory minimum penalties that have settled an ACL or are in the process of being addressed with an expedited payment letter.
  • References: The Water Boards' NPDES Program
    Public Reports and Data
    Enforcement and Compliance Assurance Information
    The Water Boards' Enforcement Policy

 

GLOSSARY

National Pollutant Discharte 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.

Mandatory Minimum Penalty (MMP)
Mandatory penalty provisions are required by California Water Code section 13385(h) and (i) for specified violations of NPDES permits. For violations that are subject to mandatory minimum penalties, the Regional Board must either assess an ACL for the mandatory minimum penalty or assess an ACL for a greater amount. California Water Code section 13385(h) requires that a mandatory minimum penalty of $3,000 be assessed by the Regional Board for each serious violation. A serious violation is any waste discharge that exceeds the effluent limitation for a Group I pollutant by 40 percent or more, or a Group II pollutant by 20 percent or more. California Water Code section 13385.1 also defines a serious violation subject to MMP a failure to submit a compliance self monitoring report for each complete period of 30 days.

( Page last updated:  10/3/11 )