Cal. Code Regs. tit. 23 § 2910
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.
Cal. Code Regs. Tit. 23, § 2910
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.
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).