State Water Board Office of Enforcement

Who We Are

Facility Sampling The Office of Enforcement was created in mid-2006 to emphasize enforcement as a key component of the Water Boards’ water quality regulatory functions and statutory responsibilities.

Our role is to ensure that violations of orders and permits result in firm, fair, and consistent enforcement through direct actions, the development of policies and guidance, and the identification of metrics for decision-making on enforcement issues.

Outdoor Sampling We are comprised of legal and investigative staff. The attorneys assist technical staff in the State Water Board and Regional Water Boards in bringing administrative liability actions before the Water Boards and help prepare cases for referral to outside prosecutors. The investigative staff is divided into two units; the Special Investigation Unit (SIU) and the Underground Storage Tanks (UST) Enforcement Unit.

Legal Unit - Legal support for all administrative civil liability actions for core regulatory programs and contested cease and desist order and cleanup and abatement orders.
- Examples
Special Investigations Unit - Supports regional board investigations when additional staff and/or expertise are needed, investigates operator certification violations, and undertakes special enforcement projects for the Executive Director/
Underground Storage Tanks Enforcement Unit - Investigates violations of leak prevention requirements, tank tester licenses, and Cleanup Fund fraud.

Significant Enforcement Actions

Travel Centers of America Complaint (May 12, 2010)
Franzen-Hill Judgment (May 7, 2010)
Big Oil & Tire Consent Judgment (March 30, 2010)
E2C Remediation, Inc. Judgment (February 26, 2010)
Long Beach Consent Judgment (January 21, 2010)
Long Beach Complaint (January 21, 2010)
Equilon/Shell Final Judgment (November 6, 2009)
AT&T Consent Agreement (January 13, 2006)
AT&T Settles Suit for $25 Million (January 18, 2006)
Office of Tank Tester Licensing Page
Underground Storage Tank Facilities Brought Into Compliance by Joint Agency Investigation
People v. Atlantic Richfield Company (ARCO) - Final Judgment (July 17, 2002)
Summary of ARCO settlement (August 16, 2002)

Functions of the Office of Enforcement

Investigation

Documenting Operator Certification Program: The State Water Board enforces the laws and regulations governing waste water treatment plant (WWTP) operators. Although the Office of Operator Certification in the Division of Financial Assistance administers the operator certification program, the Special Investigations Unit (SIU) investigates potential cases of wrongdoing and takes enforcement action when warranted.

Water Drop
Underground Storage Tank Enforcement: The UST Enforcement Unit supports UST Leak Prevention and Cleanup Programs and the Cleanup Fund Program, by investigating violations of UST construction, monitoring and cleanup requirements, and by reviewing allegations of fraud against the UST Cleanup Fund. For UST leak prevention matters which, by statute, there is no administrative enforcement available, we will refer enforcement matters to the Attorney General’s Office or local prosecutors for action.

UST Tank Tester Licensing Program: The State Water Board can take administrative enforcement action against licensed tank testers. There are about 150 licensed tank testers in California. Tank testers test UST systems to verify that the systems are not leaking and are in compliance.

Legal Representation for Regional Board Prosecution

The office’s attorneys work with regional staff to bring administrative enforcement cases before the Regional Water Boards which include significant water quality enforcement cases and cases from programs that are carried out by the Regional Water Boards. There are challenges in bringing water quality enforcement actions for Judicial Prosecutions.

Regional Water Board Investigative Assistance

The State Water Board's SIU assist the Regional Water Boards by providing technical and investigative assistance on some of their cases.

Water Drop Referrals: OE is the primary legal contact point for criminal or civil enforcement actions for water quality violations referred by the nine Regional Water Boards to outside prosecutors such as the Attorney General’s Office or district attorneys.

Enforcement Coordination: OE coordinates the monthly enforcement roundtables that include representatives of the nine Regional Water Boards and other enforcement partners such as US EPA and local prosecutors.

Training: OE staff work with the Water Board Training Academy to provide training on topics affecting enforcement statewide.

During FY 2007-2008 OE conducted eight Enforcement Roundtable Meetings with enforcement staff statewide. Additionally, SIU staff participated in other Water Board program roundtable meetings.

Enforcement Orders

Public Notice of Acceptance of Conditional Early Settlement Offer for Mandatory Minimum Penalties

Enforcement Orders
A listing of Enforcement Orders that have been issued by the Regional Water Boards since 1995. This data is maintained in the CIWQS Database

Enforcement Policy

Policy Development: The Water Boards' Water Quality Enforcement Policy articulates enforcement expectations and priorities for the State and the nine Regional Water Boards. OE is responsible for updating the Water Quality Enforcement Policy and evaluating performance metrics for enforcement effectiveness.

Enforcement Policy, dated/adopted November 17, 2009 & approved by OAL on May 20, 2010
- Previous Enforcement Policy, dated February 19, 2002
Statewide Policy on Supplemental Environmental Projects, dated/adopted February 3, 2009

Enforcement Reports

OE prepares and/or coordinates reports on the effectiveness of Water Board enforcement activities.

Status of Supplemental Environmental Projects Adopted on or after September 15, 2009 (as of March 1, 2010)
Report on the Statewide Initiative on Mandatory Minimum Penalty Enforcement (May 29, 2009)
This report outlines a statewide initiative to eliminate the backlog of uncollected mandatory minimum penalties, and provides an update on the status of collection of these penalties.
- March 1, 2010 Update
- March 1, 2010 Appendix A
Annual Enforcement Reports
- Annual Enforcement Report for 2009
- Annual Enforcement Report for Fiscal Year 2007-2008
- Baseline Enforcement Report for Fiscal Year 2006-2007
  This report provides a comprehensive overview of the Water Boards’ core regulatory activities.
CIWQS Database Public Reports (Regulatory, compliance, and enforcement information)
13385 Reports – Pursuant to CWC 13385(o), the State Water Board is required to report information on violations, enforcement actions, and the effectiveness of current enforcement policies, including mandatory minimum penalties. This requirement pertains to National Pollutant Discharge Elimination System (NPDES) wastewater and stormwater facilities within California. Historically, the Water Board produced an annual report (13385 Report) addressing these requirements and these reports are listed below. This data is maintained in the CIWQS database.
- 2009 (January 27, 2010)
  - 2009 13385(o) Enforcement Report April 1, Quarterly Update (April 5, 2010)
  - 2009 13385(o) Enforcement Report July 1, Quarterly Update (July 26, 2010)
- 2008 (January 1, 2009)
  - 2008 13385(o) Enforcement Report March 31, Quarterly Update (April 2, 2009)
  - 2008 13385(o) Enforcement Report June 30, Quarterly Update (July 8, 2009)
  - 2008 13385(o) Enforcement Report September 30, Quarterly Update (October 6, 2009)
  - Below we provide links to the data used to complete the tables and figures provided in the March 31 quarterly update
    - NPDES Facilities March 31, 2009 (29.59 MB)
    - NPDES Wastewater Violations March 31, 2009 (17.71 MB)
    - NPDES Stormwater Violations March 31, 2009 (52.44 MB)
- 2007
  - Updated Data (April 2008)
  - Draft Report (January 2008)
- 2006 (November 6, 2007)
  - HTML version (August 20, 2007)
- 2005 (August 18, 2006)
- 2004 (February 23, 2005)
- 2003 (February 2004)
- 2002 (January 2003)
- 2001 (2002)
- 2000 (2001)
USEPA's State Review Framework Report - This report is the result of a review by USEPA of California's compliance and enforcement activities. This is part of a nationwide review of state enforcement and compliance programs under the Clean Water Act.

The Programs We Support / Contacts

The Office of Enforcement works with the Regional Board enforcement staff to address water quality violations in key water quality protection programs. These programs are identified in Deconstructing Enforcement.

Regional Board Enforcement Coordinators
Regional Board Enforcement Web pages
- Region 1 - North Coast
- Region 2 - San Francisco Bay
- Region 3 - Central Coast
- Region 4 - Los Angeles
- Region 5 - Central Valley
- Region 6 - Lahontan
- Region 7 - Colorado River
- Region 8 - Santa Ana
- Region 9 - San Diego

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