The Water Quality Enforcement Policy recommends that the Office of Enforcement propose enforcement priorities and vet them with the Regional Water Board enforcement teams. Some of the enforcement priorities may become statewide enforcement initiatives.
The Enforcement Policy also recommends, that, on an annual basis, enforcement staff for each Regional Water Board seek input at a regularly noticed public meeting of the Regional Water Board and consider identifying general enforcement priorities based on input from members of the public and Regional Water Board members.
|State / Region||Enforcement Priorities|
|Region 2||Our enforcement priorities for FY 2017/18 will generally be focused on egregious violations with the highest adverse water quality impacts, followed by violations that threaten the integrity of the Board’s requirements. These include discharges that result in fish kills or other acute aquatic impacts; illegal fill of streams and wetlands, including violations at permitted stream and wetland projects; violations of site cleanup requirements; and violations of construction, industrial, and municipal stormwater permits. We will also continue to prioritize enforcement of sanitary sewer overflows, particularly from agencies with inadequate sewer infrastructure rehabilitation programs. Finally, we will continue to maintain a near-zero backlog of mandatory minimum penalty assessments.|
|Region 5||ENSURE COMPLIANCE WITH PENDING CHANGES IN CV-SALTS PROGRAM
The Central Valley Regional Water Quality Control Board (Central Valley Water Board) is anticipated to vote on Basin Plan Amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin (Basin Plans) for a Central Valley-wide Salt and Nitrate Control Program in 2018. The Salt and Nitrate Control Program is intended to provide a framework for the Central Valley Water Board to regulate salt and nitrate throughout the Central Valley in a sustainable manner while ensuring that groundwater users whose wells are impacted with nitrates are provided safe drinking water supplies. The Basin Plan Amendments under development include strategies, policies, and guidance to implement recommendations as appropriate from the CV-SALTS-developed Salt and Nitrate Management Plan (SNMP). Staff working in Compliance and Enforcement for the Central Valley Water Board propose making it a priority for the 2018-19 fiscal year to determine the needs of staff developing the Basin Plan amendments to address CV-SALTS and to ensure that Dischargers are complying with the anticipated changes.
ENSURE BUSINESS RULES ACCURATE AND UTILIZED FOR ENFORCEMENT DATABASE ENTRY
Staffs working in compliance and enforcement for the Central Valley Water Board conduct inspections and issue Inspection Reports and enforcement documents like Notices of Violation (NOVs), Cleanup and Abatement Orders (CAOs), and Administrative Civil Liabilities (ACLs) in efforts to achieve compliance. To track these actions and documents, staff update corresponding databases such as the California Integrated Water Quality System (CIWQS); the California Stormwater Multiple Applications and Report Tracking System (SMARTS); and GeoTracker. While there are some guidance documents for uploading and tracking some enforcement actions, a priority for the 2018-19 fiscal year is to ensure that there are guidance documents (or “Business Rules”) that address all entries to the databases utilized by the Central Valley Water Board.
|Region 8||To continue enforcement of violations that adversely affects or threatens water quality, undermines the integrity of the self-reporting regulatory structure, or demonstrates behavior that show a pattern for failing to implement permit requirements. Pay special attention to facilities that discharge high salinity wastes to unlined ponds, facilities that either fail to obtain Clean Water Act 401 certification, implement certification conditions or fail to submit required reports in a timely manner. Stormwater staff will focus on Industrial and Scrap Metal facilities that show a pattern of not sampling and pay particular attention to Municipal Separate Storm Sewer Systems (MS4) Authorities’ work toward meeting receiving water quality objectives through monitoring as presented in their annual reports. Planning staff will monitor for Agricultural operators that fail to join or implement the Conditional Waiver of Agricultural Discharges.|
|Region 9||Prioritize enforcement of violations that affected one or more key beneficial use categories (i.e. municipal water supply, fish and shellfish consumption, recreation, and ecosystem health) in a key area for the specific use.|