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

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

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

Industry Wastewater Stormwater Legacy Cleanup Spills

Water Spill Example Chlorine 0.019 mg/L

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

Stormwater Compliance Example Process or Waste Water Stormwater

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 http://www.swrcb.ca.gov/public_notices/comments/index.shtml

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

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)