Earlier this week, the State Water Resources Control Board (SWRCB) adopted revisions to its Enforcement Policy (Policy), which guides statewide decision-making. Initiated in 2016, the SWRCB's Office of Enforcement sought comments on revisions to the Policy, originally adopted in 2010, which prescribed penalties for violations of the Water Code/Clean Water Act.
After much discussion, the regulatory community secured some beneficial changes to the draft policy relating to consistent and fair enforcement, prioritization of violations, and potential for harm. Other areas of accommodation involved high volume discharges, and the history of violations. Detailed information can be accessed here.