California Water Boards' Annual Performance Report - Fiscal Year 2021-22 

TECHNICAL CONSIDERATIONS

• Data Source: CIWQS Period: July 1,  2021 to June 30, 2022 .
• Unit of Measure: Number of enforcement actions with an effective date during FY 21-22 .
• Data Definitions: See glossary.
• References:
  • The Water Boards' NPDES Program
  • Public Reports and Data
  • Office of Enforcement
  • The Water Boards' Enforcement Policy

GLOSSARY

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

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.