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The California Water Boards' Annual Performance Report - Fiscal Year  2016-17 

ENFORCEMENT: NPDES STORM WATER

GROUP: ALL NPDES STORM WATER FACILITIES
MEASURE: ENFORCEMENT RESPONSE 2005- 2016 
MESSAGE: 

 

MEASUREMENTS - Data Last Updated on: 

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Violation Type 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

 

 


WHAT THE MEASURE IS SHOWING

WHY THIS MEASURE IS IMPORTANT

TECHNICAL CONSIDERATIONS

  • Data Source: SMARTS. Extracted on November 8, 2017
  • Unit of Measure: Violations documented. Violations linked to an enforcement action. Programs: Storm Water Construction and Storm Water Industrial.
  • 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' NPDES Storm Water Program
    Public Reports and Data
    Office of Enforcement
    The Water Boards' Enforcement Policy

GLOSSARY

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.

Construction Storm Water Program
Dischargers whose projects disturb one or more acres of soil or whose projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. For more information, see the Construction Storm Water Program.

Municipal Storm Water Program
The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4s). Storm water is runoff from rain or snow melt that runs off surfaces such as rooftops, paved streets, highways or parking lots and can carry with it pollutants such as: oil, pesticides, herbicides, sediment, trash, bacteria and metals. The runoff can then drain directly into a local stream, lake or bay. Often, the runoff drains into storm drains which eventually drain untreated into a local waterbody. For more information, see the Municipal Storm Water Program.

Industrial Storm Water Program
The Industrial General Permit is an NPDES permit that regulates discharges associated with 10 broad categories of industrial activities. The Industrial General Permit requires the implementation of Best Available Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology (BCT) to achieve performance standards. For more information, see the Industrial Storm Water Program.

Compliance Actions
Compliance actions are formal enforcement actions that impose sanctions and/or require compliance. Compliance Actions include Notices to Comply (NTC), Notices of Noncompliance (NNC), Time Schedule Orders (TSO), Cease and Desist Orders (CDO) and Clean Up and Abatement Orders (CAO).

Formal Enforcement
Formal enforcement actions are statutorily based actions to address a violation or threatened violation of water quality laws, regulations, policies, plans, or orders.

Informal Enforcement Actions
Informal enforcement actions are enforcement actions taken by Water Board staff that are not defined in statute or regulation. Informal enforcement action can include any form of communication (oral, written, or electronic) between Water Board staff and a discharger concerning an actual, threatened, or potential violation. Informal enforcement actions cannot be petitioned to the State Water Board.

The purpose of an informal enforcement action is to quickly bring an actual, threatened, or potential violation to the discharger's attention and to give the discharger an opportunity to return to compliance as soon as possible. The Water Board may take formal enforcement action in place of, or in addition to, informal enforcement actions.

Penalty Actions
Penalty Actions are formal enforcement actions where administrative or judicial actions impose a penalty or require 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.

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
Notice of Noncompliance The Storm Water Enforcement Act of 1988 requires two Notices of Noncompliance to be issued to storm water dischargers for reporting violations prior to issuing an administrative civil liability complaint.

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. Informal
Referred to a Task Force Any referral of a violation to an environmental crimes task force. Informal
Referral to Other Agency Any referral to another State Agency. Informal
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:  11/14/17 )