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

ENFORCE: NPDES STORMWATER

GROUP:  ALL NPDES STORMWATER FACILITIES
MEASURE: VIOLATIONS RECEIVING ENFORCEMENT
MESSAGE:  An average of % of violations received enforcement in the last 5 years..
KEY STATISTICS FOR 2011

 

MEASUREMENTS  - Data last updated on: 

Reg.
Office
2007 2008 2009 2010 2011
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
Total
Violat
ions
with
Enforce
ment
%with
Enforce
ment
  More than 90% of violations receiving enforcement
  Between 80% and 90% of violations receiving enforcement
  Less than 80% of violations receiving enforcement

WHAT THE MEASURE IS SHOWING

The table above shows the number of violations recorded from 2007 to 2011.  It also lists the number of violations for which there is a completed enforcement action entered in SMARTS (enforcement is still pending for some, but not all, of these violations).  The percentages at the bottom of the table show each violation category as a percentage of the total number of violations and the percentage of violations linked to an enforcement action.  While the Water Boards’ enforcement authorities are significant, resource levels generally preclude enforcement against every violation.

The table shows a high enforcement response rate. This is due, in part, to the fact that stormwater violations are often documented in the database at the same time the enforcement action is recorded. The data for 2011 will likely change significantly since not all violations have yet been recorded for 2011.

 

WHY THIS MEASURE IS IMPORTANT

Violations are detected through reviewing of self monitoring reports, inspections and complaints. It is the policy of the State Water Board that every violation results in the appropriate enforcement response consistent with the priority of the violation established in accordance with the enforcement policy.  According to the enforcement policy all violations will be entered within 10 days of discovery of the violation and all enforcement actions will be entered within 20 days of the date of the enforcement action. Identification and documentation of violations is important to ensure that water quality is protected and that serious violations and those high priority violations receive an adequate enforcement response. Tracking violations and compliance rates over time is necessary to assess the effectiveness of the Water Boards enforcement policies and actions. For every enforcement action taken, the discharger’s return to compliance should be tracked in the Water Board’s enforcement database.

TECHNICAL CONSIDERATIONS

 

GLOSSARY

Construction Stormwater Program
Dischargers whose projects disturb 1 or more acres of soil or are part of a larger common plan of development that in total disturbs 1 or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 2000-0009-DWQ).

Industrial Stormwater Program
Discharges associated with 10 broad categories of industrial activities are regulated under the Industrial Storm Water General Permit Order 97-03-DWQ (General Industrial Permit), which is an NPDES permit.

Municipal Stormwater Phase I Facilities
The Municipal Storm Water Permits regulate storm water discharges from municipal separate storm sewer systems (MS4s). Under Phase I, which began in 1990, the Regional Water Boards have issued NPDES MS4 permits to permittees serving populations greater than 100,000 people. Many of these permits are issued to a group of co-permittees encompassing an entire metropolitan area. These permits are reissued as the permits expire.

Municipal Stormwater Phase II Facilities
Under Phase II, the State Water Board adopted a General Permit for the Discharge of Storm Water from Small MS4s (WQ Order No. 2003-0005-DWQ) to provide permit coverage for smaller municipalities (10,000 to 100,000 people), including non-traditional small MS4s which are governmental facilities such as military bases, public campuses, prisons and hospital complexes.

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:  9/17/12 )

 
 

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