The California Water Boards' Annual Performance Report - Fiscal Year 2014-15
ENFORCE: NPDES WASTEWATER
GROUP:
ALL NPDES WASTEWATER FACILITIES
MEASURE:
ENFORCEMENT ACTIONS
MESSAGE:
The Water Boards primarily use informal enforcement actions to address violations.
KEY STATISTICS FOR FY 2014-15
Number of Informal Actions:
214
Number of Compliance Actions:
50
Number of Penalty Actions:
101
MEASUREMENTS
- Data last updated on:
01-13-2017 (9:55 am)
Region
Enforcement Actions
Informal Actions
Compliance Actions
Penalty Actions
Total
1
2
3
4
9
2
4
18
9
31
3
5
2
4
11
4
12
10
52
74
5
149
15
31
195
6
5
0
0
5
7
20
0
1
21
8
0
1
0
1
9
17
1
0
18
TOTAL
214
50
101
365
WHAT THE MEASURE IS SHOWING
The Water Boards use informal actions more frequently to notify dischargers that violations have occurred. A large number of penalty actions for the National Pollutant Discharge Elimination System (NPDES) program addressed mandatory minimum penalties. Both formal and informal enforcement actions have decreased from the previous fiscal year.
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 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, and if needed, 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. This measure displays the use of formal versus informal actions to address documented violations.
TECHNICAL CONSIDERATIONS
Data Source: CIWQS Period: July 1, 2014 to June 30, 2015. Extracted on November 6, 2015.
Unit of Measure: Number of enforcement actions with an effective date during FY 14-15.
Data Definitions:See glossary. Note: the glossary has been updated to reflect the definitions in the current Enforcement Policy. The categories are different than previous Performance Reports and thus are not comparable to previous reports.
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
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.
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
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.
