California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 22 - State Policy for Water Quality Control › Section 2910 - Concise Summary of Regulatory Policy on Water Quality Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On April 4, 2017, the State Water Resources Control Board
				  adopted Resolution No. 2017-0020, rescinding Resolution No. 2009-0083 and the
				  existing Water Quality Enforcement Policy (Enforcement Policy) and approving
				  the revised Enforcement Policy. The overarching goal of the Enforcement Policy
				  is to protect and enhance the quality of the waters of the State by defining an
				  enforcement process that addresses water quality problems in the most
				  efficient, effective, consistent, and transparent manner. It is intended to
				  better enable the State Water Resources Control Board and Regional Water
				  Quality Control Boards (Water Boards) to expend their limited resources in ways
				  that openly address the greatest needs, deter harmful conduct, protect the
				  public, and achieve maximum water quality benefits. The Enforcement Policy
				  implements and provides guidance regarding the Water Boards' use of enforcement
				  powers set forth in Division 7 of the Water Code (commencing at Water Code
				  Section
				  13000) and
				  related statutes.
More specific goals and a summary of the proposed revisions
				  include:
* Clarify that the principle of "fairness" relates to
				  eliminating the economic advantage of those who do not comply. Fairness is in
				  relation to the regulated community that voluntarily complies;
* Infuse the principle of transparency to assure that
				  findings are based on evidence and/or policy;
* Clarify that, in certain cases, it may be appropriate to
				  bring independent enforcement against a Permittee's contractors and/or
				  agents;
* Encourage the Water Boards to consider informal enforcement
				  and/or compliance assistance for Publicly Owned Treatment Works serving
				  disadvantaged Environmental Justice communities (in addition to those serving
				  small communities);
* Detail the case prioritization process and change the
				  violation classification scheme
* Eliminate the goal of automating case prioritization
				  process through data algorithms;
* Amend the Penalty Calculation Methodology to eliminate
				  inconsistencies, improve clarity, and revise definitions.
1. Adoption of
				  section 2910 by Resolution 96-030
				  effective August 28, 1996 pursuant to Government Code section
				  11353.
				  Section 2910 is a concise summary of a
				  "Water Quality and Enforcement Policy and Associated Guidance" adopted April
				  18, 1996.
2. Amendment of final paragraph and new NOTE filed
				  12-10-97; operative 12-10-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 50).
3. Amendment of section and NOTE filed
				  7-30-2002; operative 7-30-2002 pursuant to Government Code section
				  11353
				  (Register 2002, No. 31).
4. Repealer and new section filed
				  5-20-2010; approved by OAL and operative 5-20-2010 pursuant to Government Code
				  section
				  11353
				  (Register 2010, No. 21).
5. Repealer and new section filed 10-5-2017
				  summarizing the "Water Quality Enforcement Policy"; approved by State Water
				  Resources Control Board Resolution No. 2017-0020 on 4-4-2017; approved by OAL
				  and operative 10-5-2017 pursuant to Government Code section
				  11353
				  (Register 2017, No. 40).
Note: Authority cited: Sections
					 13140 and
					 13399, Water
					 Code. Reference: Sections
					 13140 and
					 13399, Water
					 Code.