Cal. Code Regs. tit. 23 § 2910

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2910 - Concise Summary of Regulatory Policy on Water Quality Enforcement

On December 5, 2023, the State Water Resources Control Board adopted Resolution No. 2023-0043, rescinding Resolution No. 2017-0020 and the existing Water Quality Enforcement Policy (Enforcement Policy) and approving the revised Enforcement Policy. On August 20, 2024, the State Water Resources Control Board adopted Resolution 2024-0027, approving revisions to Appendix D of 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:

* Add consideration of whether violation(s) impact or threaten to impact environmental justice or disadvantaged communities when prioritizing enforcement;

* Encourage engagement with Native American Tribes when enforcement impacts or threatens to impact tribal lands, tribal interests, or tribal cultural resources;

* Reorganize certain elements of the Penalty Calculation Methodology to improve flow;

* Clarify certain principles in the Penalty Calculation Methodology to eliminate inconsistencies and improve clarity;

* Strongly encourage recovery of staff costs;

* Clarify the appropriate use of Compliance Projects and Enhanced Compliance Actions; and

* Add template hearing procedures for administrative civil liability hearings;

Cal. Code Regs. Tit. 23, § 2910

Note: Authority cited: Sections 13140 and 13399, Water Code. Reference: Sections 13140 and 13399, Water Code.

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).
6. Repealer and new section summarizing the "Water Quality Enforcement Policy" filed 11-7-2024; approved by State Water Resources Control Board Resolution Nos. 2023-0043, and 2024-0027 on 12-5-2023 and 8-20-2024, respectively; approved by OAL and operative 11/7/2024 pursuant to Government Code section 11353 (Register 2024, No. 45).