Report 2012-120 Recommendations and Responses in 2015-041

Report 2012-120: State Water Resources Control Board: It Should Ensure a More Consistent Administration of the Water Quality Certification Program

Department Number of Years Reported As Not Fully Implemented Total Recommendations to Department Not Implemented After One Year Not Implemented as of 2014-041 Response Not Implemented as of Most Recent Response
State Water Resources Control Board 2 10 2 2 2

Recommendation To: Water Resources Control Board

When regional water boards include staff enforcement costs in the penalty actions they issue, the state water board should require that they use a systematic method for tracking the hours staff spend on enforcement activities related to penalty actions and maintain documentary support for these staff enforcement cost calculations.

Response

Staff will propose amendments to the 2010 Enforcement Policy that will remove the consideration of staff costs from purview in Administrative Civil Liability actions. The proposed amendment must be considered and adopted by the Board after due notice and opportunity for public comment.

Although in June 2015 we had expected to present the proposed changes to the Board during calendar year 2015, enforcement staff workloads associated with emergency drought regulations and orders, including urban conservation-related regulations and orders and curtailment notices, and with matters relating to the incorporation of the new Division of Drinking Water, transferred to the State Water Board from Department of Public Health have been unexpectedly heavy. We remain optimistic that this amendment can be presented to the Board for its consideration by the end of the first quarter of calendar year 2016."

  • California State Auditor's Assessment of Status: Not Fully Implemented
  • Completion Date: 03/31/2015
  • Response Date: September 2015

Recommendation To: Water Resources Control Board

If regional water boards continue to include staff enforcement costs in the penalty actions they issue, the state water board should revise its staff cost rate to reflect actual staff salaries and overhead cost for the certification program.

Response

Staff will propose amendments to the 2010 Enforcement Policy to remove staff costs as a consideration in Administrative Civil Liability actions, rather than develop a method for estimating, tracking and recovering actual staff costs. The proposed amendment must be considered and adopted by the Board after due notice and opportunity for public comment.

Although enforcement staff's workload has been unexpectedly heavy with emergency drought regulations and orders, and with matters relating to the incorporation of the new Division of Drinking Water, transferred to the State Water Board from Department of Public Health, we remain optimistic that the amendment referenced in the response to recommendation 6 can be presented to the Board for its consideration by the end of the first quarter of the 2016 calendar year.

  • California State Auditor's Assessment of Status: Not Fully Implemented
  • Completion Date: 03/31/2015
  • Response Date: September 2015

Current Status of Recommendations

All Recommendations in 2015-041