Welcome to the State Water Resources Control Board Welcome to the California Environmental Protection Agency
Governor's Website Visit the Water Board Members Page
Agendas
My Water Quality
Performance Report
PERFORMANCE REPORT The Water Boards...

State Water Board Logo

The California Water Boards' Annual Performance Report - Fiscal Year 2011-12

ENFORCEMENT: WASTE DISCHARGE TO LAND

Print
Version
GROUP: WASTE DISCHARGE TO LAND-WDR
MEASURE: ENFORCEMENT RESPONSE 2000-2011
MESSAGE:  The composition of the enforcement response has changed overtime with a lower enforcement response to most recent violations. Most enforcement response is informal.

 

MEASUREMENTS 

Violation Type 2000 2001 2003 2003 2004 2005 2006 2007 2008 2009 2010 2011

 

 


WHAT THE MEASURE IS SHOWING

The data shows that shows that the enforcement response varies by the year the violation occurs, in some cases violations received an enforcement action years after the date the violation occurs. Enforcement response is organized in 4 groups, violations receiving no enforcement is high and ranges between 14% and up to 60%, very low percentage of violations received a penalty or a compliance action. There is also a significant variation by regional board with some regions addressing violations only at the informal level.

WHY THIS MEASURE IS IMPORTANT

The 2009 Water Quality Enforcement Policy guides staff in selecting the appropriate level of enforcement response that properly addresses violations and recommends the use of progressive enforcement. The policy describes progressive enforcement as “an escalating series of actions that allows for the efficient and effective use of enforcement resources.” Depending on the nature and severity of the violation, an informal enforcement action such as a warning letter to a violator, or a more formal enforcement action, including orders of the Boards requiring corrective action within a particular time frame, may be taken. In other instances, enforcement staff may use more informal tools, such as a phone call or a staff enforcement letter for compliance assistance. In the Water Quality Enforcement Policy appropriate enforcement response is related to the ranking and classification of violations grouped around enforcement cases. The priority enforcement cases are then identified and those with class I priority violations are targeted for formal enforcement action. Tracking violations and the enforcement response over time is necessary to assess the effectiveness of the Water Boards enforcement policies and actions.

TECHNICAL CONSIDERATIONS

  • Data Source: CIWQS. Extracted on July 30 2012.
  • Unit of Measure:Violations documented. Violations linked to an enforcement action. Data is compile on a calendar year basis.
  • 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' WDR NON15 Program
    Public Reports and Data
    Enforcement and Compliance Assurance Information
    The Water Boards' Enforcement Policy

GLOSSARY

Waste Discharge Requirements
The Waste Discharge Requirements (WDR) - Waste Discharges to Land Program regulates all point source discharges of waste to land that do not require full containment (which falls under the Land Discharge Program), or are not subject to the NPDES Program.

Formal Enforcement
Formal enforcement actions are statutorily recognized actions to address a violation or threatened violation such as Cleanup and Abatement Orders.

Informal Enforcement
An informal enforcement action is any enforcement action taken by Water Board staff that is not defined in statute, such as staff letters and notices of violation.

Compliance Actions
Formal enforcement actions that directly require compliance using the authority established under Article 1 of Chapter 5 of the California Water Code such as Cease and Desist Orders, Cleanup and Abatement Orders and Time Schedule Orders.

Penalty Actions
Formal Actions that impose or settle a penalty or requires the completion of a project associated to a monetary amount.

All Other Enforcement Actions
All other formal and informal actions that communicates a violation or starts the procedures of an enforcement case or that requires additional information or starts an investigation.
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

Notice to Comply Issuance of a Notice to Comply per Water Code Section 13399.

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

Referral Referral to the District Attorney, Attorney General, or USEPA.

Formal

Referred to a Task Force Any referral of a violation to an environmental crimes task force.

Formal

Referral to Other Agency Any referral to another State Agency.

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

 

( Page last updated:  9/13/12 )

 
 

.