Ability to Pay and Ability to Continue in Business. The ability to pay and to continue in business factor must be considered when assessing administrative civil liabilities. If the Water Board has sufficient financial information to assess the Discharger’s ability to pay the Total Base Liability or to assess the effect of the Total Base Liability on the Discharger’s ability to continue in business, then the Total Base Liability amount may be adjusted downward. In this matter, the Discharger is an ongoing entity with the ability to raise revenue to satisfy the liability proposed through the imposition of fees and taxes and there is no information presented to date that would evidence the inability to pay.
Ability to Pay and Ability to Continue in Business. The ability to pay and to continue in business factor must be considered when assessing administrative civil liabilities. The California Department of Correction and Rehabilitation is a state agency with a Fiscal Year 16-17 budget of over $10 billion3. As such, it should have the ability to pay a penalty in the millions of dollars.
Ability to Pay and Ability to Continue in Business. The ability to pay and to continue in business factor must be considered when assessing administrative civil liabilities. The Enforcement Policy states that if the Central Valley Water Board has sufficient financial information to assess the Discharger’s ability to pay the Total Base Liability or to assess the effect of the Total Base Liability on the Discharger’s ability to continue in business, then the Total Base Liability amount may be adjusted downward. In this case, the Discharger has an ability to pay and continue in business. E. & X. Xxxxx Winery is one of the largest family-owned wineries in the world and has sufficient assets to not qualify for a downward adjustment.
Ability to Pay and Ability to Continue in Business. The Enforcement Policy provides that if there is sufficient financial information to assess the violator’s ability to pay the total base liability or to assess the effect of the total base liability on the violator’s ability to continue in business, then the liability may be adjusted downward if warranted. The Discharger is a large glass manufacturer in the United States; it has plants throughout the country and has not raised the issue of the ability to pay. The Discharger has agreed to pay the agreed upon penalty and therefore, this factor was not reduced.
Ability to Pay and Ability to Continue in Business. The ability to pay and to continue in business factor must be considered when assessing administrative civil liabilities. The Enforcement Policy provides that if staff anticipates that the Discharger’s ability to pay or ability to continue in business will be a contested issue in the proceeding, then staff should conduct a simple preliminary asset search. Here, the Discharger is one of the nation’s largest electric utilities, serving a population of nearly 14 million via 4.9 million customer accounts. SCE had 18,069 full-time employees at December 31, 2011. SCE's operating revenue was approximately $10.6 billion in 2011, realizing a net income of $1.14 billion on assets of $40.3 billion and liabilities of $30.4 billion (SCE Annual Report, 2011, pages 16 and 39, available at xxx.xxxxxx.xxx) The Discharger thus has significant assets available to pay the proposed liability, as modified in Step 7 below, without causing undue hardship to the service population or to the Discharger. Moreover, the Discharger is a public entity with the power to levy fees that can be used to pay the some or all of the proposed liability.
Ability to Pay and Ability to Continue in Business. The Total Base Liability Amount may be adjusted to address the violator’s ability to pay or continue in business. The Total Base Liability Amount should not be adjusted here because Discharger has the ability to pay and continue in business. Although Discharger is a section 501(c)(3) tax-exempt nonprofit foundation, Discharger’s 2012 IRS Form 990-PF shows that Discharger possesses over one hundred and fifty million dollars ($150,000,000) in assets.
Ability to Pay and Ability to Continue in Business. According to Lennar’s 2015 Annual Report, the gross profit on land sales were $30.1 million at the end of 2015 and $41.7 million by the end of 2014. Selling, general and administrative expenses were $831.1 million by the end of 2015 and $714.8 million by the end of 2014. The net income totaled $81.6 million in 2015 and $7.5 million by 2014 (2015 Annual Report, pg 33). The Discharger has the ability to pay the penalty and stay in business.
Ability to Pay and Ability to Continue in Business. The ability to pay and to continue in business factor must be considered when assessing administrative civil liabilities. The Enforcement Policy states that if the Central Valley Water Board has sufficient financial information to assess the Discharger’s ability to pay the Total Base Liability or to assess the effect of the Total Base Liability on the Discharger’s ability to continue in business, then the Total Base Liability amount may be adjusted to address the Discharger’s ability to pay or continue in business. In this case, the Discharger is a governmental entity with the ability to raise revenue to satisfy the proposed liability through the imposition of fees and taxes. A review of the City of Xxxxxxx’s 2021-22 Adopted Operating Budget shows the City has approximately $153 million in its general fund, with approximately $58.9 million allocated to the wastewater fund. Their final budget can be accessed at the following website: xxxxx://xxx.xxxxxxxxxx.xxx/ArchiveCenter/ViewFile/Item/3357.
Ability to Pay and Ability to Continue in Business. Ability to Pay Factor: 1
Ability to Pay and Ability to Continue in Business. No Adjustment
