Common use of Actual Harm or Potential Harm to Beneficial Uses Clause in Contracts

Actual Harm or Potential Harm to Beneficial Uses. 2 This factor considers the actual harm or potential harm to beneficial uses that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned. Discharges of untreated wastewater to surface water must typically be treated to a high standard to prevent adverse impacts to aquatic life. For this violation, there were 13 discharges of raw untreated wastewater, all of which may have contained pathogens, nitrogen, ammonia, metals, and biological oxygen demand. The SSOs entered the Rio Hondo, Xxxxxxxxx Channel, Alhambra Wash, San Xxxx Creek, Xxxxxxx Lake, Xxxxxx Seco Channel, Malaga Creek, and the Los Angeles River. The Basin Plan designates existing and potential beneficial uses for these water bodies which includes municipal and domestic supply; warm freshwater habitat; estuarine habitat; wildlife habitat; rare, threatened, or endangered species; migration of aquatic organisms; and spawning, reproduction, and/or early development. Most of the spills were less than 10,000 gallons. The spills were at various times of the year; in the winter the water bodies could have high flows, resulting in the potential for dilution, while in the summer or fall the water bodies could have low flows with less dilution available and therefore a higher potential impact. A “below moderate” potential for harm is defined as “observed or reasonably expected potential impacts, but based on the characteristics of the discharge and applicable beneficial uses, harm or potential harm to beneficial uses is measurable in the short term, but not appreciable.” Given the size of the SSOs, the impacts to beneficial uses were likely to attenuate without appreciable short term acute or chronic effects. Therefore, a score of 2, below moderate, is assigned for this factor.

Actual Harm or Potential Harm to Beneficial Uses. 2 This factor considers The evaluation of the actual harm or potential harm to beneficial uses factor considers the harm to beneficial uses in the affected receiving water body that may result from exposure to the pollutants or contaminants in the discharge, consistent with the statutory factors of the nature, circumstances, extent, and gravity of the violation. A score between 0 and 5 is assigned. Discharges assigned based on a determination of untreated wastewater to surface water must typically be treated to a high standard to prevent adverse impacts to aquatic life. For this violation, there were 13 discharges of raw untreated wastewater, all of which may have contained pathogens, nitrogen, ammonia, metals, and biological oxygen demand. The SSOs entered whether the Rio Hondo, Xxxxxxxxx Channel, Alhambra Wash, San Xxxx Creek, Xxxxxxx Lake, Xxxxxx Seco Channel, Malaga Creek, and the Los Angeles River. The Basin Plan designates existing and potential beneficial uses for these water bodies which includes municipal and domestic supply; warm freshwater habitat; estuarine habitat; wildlife habitat; rare, threatened, harm or endangered species; migration of aquatic organisms; and spawning, reproduction, and/or early development. Most of the spills were less than 10,000 gallons. The spills were at various times of the year; in the winter the water bodies could have high flows, resulting in the potential for dilution, while in the summer or fall the water bodies could have low flows with less dilution available and therefore a higher potential impact. A “below moderate” potential for harm is defined as “negligible (0) to major (5). A score of moderate (3) was assigned to this factor because there was a moderate harm or potential harm to the beneficial uses. Based on the sample analytical results provided in Table 1 in Attachment A of the Stipulated Order, the discharge on 9 August 2021 was some type of wastewater (which may have been mixed or diluted by agricultural well water), which is supported by the sample analytical results provided in Table 2 in Attachment A of the Stipulated Order that indicate the discharge had similar characteristics to winery wastewater. The designated beneficial uses of Merced River are municipal, industrial, and agricultural supply; recreation; esthetic enjoyment; and preservation and enhancement of fish, wildlife, and other aquatic resources. The beneficial uses most likely impacted by this discharge were preservation and enhancement of fish and other aquatic resources. The wastewater that was discharged from the pipe outfall to the river contains elevated concentrations of potassium, TOC, BOD5, TN, TKN, EC, TDS, and other constituents. In addition, the wastewater was dark and murky indicating high concentrations of solids or high turbidity; black solids were also observed in the bottom of the river downstream of the discharge. CDFW staff also reported foul odors detected at the 18-inch pipe outfall to the river. Elevated levels of constituents listed above coupled with a high concentration of solids or turbidity can lead to low levels of dissolved oxygen in the receiving water and impact aquatic life. Therefore, the discharge of the wastewater from the 18-inch pipe outfall to the river is reasonably expected to impact the receiving waters aquatic life and potentially harm or impair the designated beneficial uses for aquatic life. A score of moderate is typified by observed or reasonably expected potential impacts, but based on the characteristics of the discharge and applicable beneficial uses, harm or potential harm to beneficial uses is measurable in the short term, but not appreciable.” Given the size of the SSOs, the impacts to beneficial uses were moderate and likely to attenuate without appreciable short medium or long term acute or chronic effects. ThereforeIn this case, a score of 2, below moderate, the potential impact is assigned for this factorlikely to attenuate without medium- or long-term effects.