1. WATER BOARD
Industrial Association of Contra Costa County Enforcement/Compliance Forum
February 22, 2017
Brian Thompson, CHG, CEG
Senior Engineering Geologist
San Francisco Bay Regional Water Board

2. Preserve, enhance and restore
Water Boards
Preserve, enhance and restore
the quality of California’s water resources, and ensure their proper allocation and efficient use for the benefit of present and future generations
Clean Water Act
CA Water Code
Basin Plan

3. Water Quality Objectives Discharges to State Waters
Regulation
Water Quality Objectives
Nuisance
Discharges to State Waters
Beneficial Uses
“Anti-Degradation”
State Water Board
Resolution 68-16

4. Industry
Wastewater
Stormwater
Legacy Cleanup
Spills

5. Water Spill Example
Chlorine
0.019 mg/L

6. Compliance Regulated / Permitted Discharges
Reporting/Notification Requirements
Inspections Scheduled
Identify Violations → Return to Compliance
Unregulated / Unauthorized Discharges
Complaints & Agency Collaboration
Inspections Targeted
Corrective Actions → Enforcement

7. Stormwater Compliance Example
Process or Waste
Water
Stormwater

8. Enforcement Fair, Firm, and Consistent Goals Types of Actions
Identify Priorities
Deter Harmful Conduct
Establish Even Playing Field
Create Public Confidence
Types of Actions
Notice of Violation
Technical Report
Cleanup or Abatement
Monetary Penalty
Effective May 20, 2010
Revision Pending

9. Monetary Penalties Fair, Transparent, & Consistent Approach
Reasonable relationship to:
Gravity of the violation
Harm to beneficial uses
Impact to integrity of the program
Eliminate economic or competitive advantage
Deter future violations for the specific violation and the regulated community

10. Penalty Methodology Penalty Factors Other Factors Time & Volume Harm
Deviation
Conduct
Other Factors
Ability to Pay
Economic Benefit
Minimum (e.g., Eco Ben +10%; MMPs)
Maximum (e.g., $10,000/day & $10/gal)