The California Water Boards' Annual Performance Report - Fiscal Year 2009-10

ENFORCE: WASTE DISCHARGE REQUIREMENTS

MEASUREMENTS

WHAT THE MEASURE IS SHOWING

During fiscal year 2008-2009 a significant number of Administrative Civil Liability actions were issued under the WDR-NON15 program. This large number of actions o assessed a significant amount in penalties of which approximately sixty percent have thus far been resolved with an approved supplemental environmental project and forty percent with direct payments into the Cleanup and Abatement Account or into the Waste Discharge Permit Fund. It is also significant to point out the large number of cases that remain in progress and therfore the assessed amounts are not finally settled.

WHY THIS MEASURE IS IMPORTANT

California law and the Water Boards enforcement policy establishes the circumstances for which violations must receive a penalty and in what amount.  In certain cases, the Water Boards have the discretion of imposing administrative civil liabilities after considering certain factors. The Regional Boards can also consider whether the discharger should be allowed to satisfy some or all of the monetary assessment by completing or funding one or more supplemental environmental projects or by depositing the penalty amount in a specified fund.  Preparing each case for prosecution requires a significant amount of time and resources.  This measure describes a significant workload for the enforcement program.

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS.  Period: July 1, 2009 to June 30, 2010. Extracted on July 17, 2010
• Unit of Measure: Number of enforcement actions and penalties assessed during FY 09-10 and the progress of the penalties..
• Data Definitions: Penalties Assessed: Amounts assessed in an ACL complaint or order.  Penalties Resolved: Amount of penalties assessed that have been either paid or approved as a SEP.
• References: More information on the Water Boards’ WDR NON15 program is available at: http://www.waterboards.ca.gov/water_issues/programs/land_disposal/waste_discharge_requirements.shtml
• ACL report  available at: http://ciwqs.waterboards.ca.gov/ciwqs/readOnly/aclReport.jsp
• Enforcement and compliance assurance information is available at: http://www.waterboards.ca.gov/water_issues/programs/enforcement/
• The Water Boards’ enforcement policy is also available at: http://www.waterboards.ca.gov/plans_policies/docs/wqep.doc
• State Water Board SEP Policy: http://www.waterboards.ca.gov/water_issues/programs/enforcement/docs/rs2009_0013_sep_finalpolicy.pdf

GLOSSARY

Supplemental Environmental Project (SEP)

Supplemental environmental projects are defined as environmentally beneficial projects which a defendant/respondent agrees to undertake in settlement of an enforcement action, but which the defendant respondent is not otherwise legally required to perform. Environmentally beneficial means a SEP must improve, protect, or reduce risks to public health, of the environment at large. While in some cases a SEP may provide the alleged violator with certain benefits, there must be no doubt, that the project primarily benefits the public health or the environment.

( Updated 9/20/11 )