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

REGULATE:NPDES WASTEWATER

Print
Version
GROUP: NPDES WASTEWATER
MEASURE: ENFORCEMENT ACTIONS 2011
ENFORCEMENT TRENDS 2000-2011
MESSAGE:  penalty actions issued in calendar year 2011.

 

MEASUREMENTS 

NPDES WASTEWATER ENFORCEMENT ACTIONS FOR YEAR 2011 - Regional Board:

Enforcement Action Type 1 2 3 4 5F 5R 5S 6A 6B 7 8 9 Grand
Total

 

NPDES Major Enforcement Actions for Year 2011 - Regional Board:

Enforcement Action Type 1 2 3 4 5F 5R 5S 6A 6B 7 8 9 Grand
Total

NPDES Minor Enforcement Actions for Year 2011 - Regional Board:

Enforcement Action Type 1 2 3 4 5F 5R 5S 6A 6B 7 8 9 Grand
Total

NPDES General Enforcement Actions for Year 2011 - Regional Board:

Enforcement Action Type 1 2 3 4 5F 5R 5S 6A 6B 7 8 9 Grand
Total

ENFORCEMENT ACTION TRENDS:


WHAT THE MEASURE IS SHOWING

The tables list the number of enforcement actions taken by the Regional Water Boards from in groups from informal to more formal during calendar year 2011. As expected, the Regional Boards use informal actions more often to notify dischargers that violations have been noted and recorded. The use of formal actions (compliance actions and penalty actions) in several regions is limited to the imposition of penalties. It is significant to highlight that there are no records of Cleanup and Abatement Orders issued under the NPDES Wastewater program during calendar year 2011. The trend information clearly shows the spike in the number of Administrative Civil Liabilities issued during 2008, 2009, 2010 and 2011 as a result of the Statewide Initiative on Mandatory Penalty Enforcement. There is a significant variability in the number and types of enforcement actions issued overtime by Regional Water Board.

WHY THIS MEASURE IS IMPORTANT

Enforcement plays a significant role in the Water Boards' strategies to protect water quality and represents a significant amount of work for both the State and Regional Boards. Enforcement deters potential violators and protects public health and the environment. Enforcement can prevent threatened pollution from occurring and can promote prompt cleanup and correction of existing pollution problems. The Water Boards use progressive enforcement by addressing some violations with an informal response such as a phone call or staff enforcement letter followed, if needed, with a more formal action. If violations continue, the enforcement response should be quickly escalated to increasingly more formal and serious actions until compliance is achieved.

TECHNICAL CONSIDERATIONS

  • Data Source: Period: CIWQS January 1, 2000 to December 31, 2011. Extracted on July 30, 2012.
  • Unit of Measure: Number of enforcement actions with an effective date during calendar years between 2000 and 2011.
  • Data Definitions: Informal Enforcement: any communication from that notifies the discharger of a problem (1 for reporting purposes it includes 13267 letters and notices to comply). Formal Enforcement: administrative or judicial actions that impose sanctions and/or require compliance where a hearing is available to contest the allegations (2 for reporting purposes it does not include Administrative Civil Liabilities (ACL) actions). Formal Penalty Enforcement: includes Administrative Civil Liability actions and any other monetary assessment imposed
  • References: The Water Boards' NPDES Program
    Public Reports and Data
    Enforcement and Compliance Assurance Information
    The Water Boards' Enforcement Policy

GLOSSARY

National Pollutant Discharge Elimination System (NPDES)
National Pollutant Discharge 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.

Penalty Actions
Administrative or judicial enforcement actions that impose a penalty or requires the completion of a project associated to a monetary amount. Penalty actions include liabilities imposed with an Administrative Civil Liability (ACL) and settlement agreements pursuant to Government Code section 11415.60.

Compliance Actions
Administrative or judicial enforcement actions that impose sanctions and/or require compliance where a hearing is available to contest the allegations. Compliance actions typically uses authority established under Article 1 of Chapter 5 of the California Water Code. Compliance Actions include Time Schedule Orders (TSO), Cease and Desist Orders (CDO) and Clean Up and Abatement Orders (CAO).

All Other Enforcement
Includes any communication or enforcement action taken by Water Board staff that is not defined in statute or regulation. For reporting purposes, it also includes Notices to Comply, Notices of Stormwater Noncompliance, and Technical Reports and Investigations required under section 13267 of the California water Code. It can include any form of communication (oral, written, or electronic) between Water Board staff and a discharger concerning an actual, threatened, or potential violation. The purpose of this actions is to quickly bring an actual, threatened, or potential violation to the dischargerís attention and to give the discharger an opportunity to return to compliance as soon as possible. from the Regional or State Water Boards that notifies the discharger of a problem or a violation. It is the first level of response.

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.


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 Office. Informal
Notice to Comply Issuance of a Notice to Comply per Water Code Section 13. 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 )

 
 

.