Common use of Adjustments for Discharger Conduct Clause in Contracts

Adjustments for Discharger Conduct. Culpability 1.0 For the six SSOs, a neutral culpability factor is appropriate because the Discharger is responsible for the operation and maintenance of its collection system pipelines. However, the SSOs were not caused by intentional or negligent behavior. Cleanup and Cooperation 1.0 For the six SSOs, a neutral cleanup and cooperation factor is appropriate because the Discharger cooperated during investigations. History of Violations 1.0 For the six SSOs, a neutral history of violations factor is appropriate because the Discharger has no history of enforcement due to SSO violations. Total Base Liability $33,102 The total base liability is determined by multiplying the total initial liability by each applicable factor relating to the Discharger's conduct. Ability to Pay and Continue in Business No adjustment The ability of a discharger to pay the recommended administrative civil liability is determined by its revenues and assets. The Discharger has an annual operating budget of $1.5 million for fiscal year 2017/18. The proposed liability will not affect the Discharger's ability to continue operation and maintenance of its system. Economic Benefit Minimal Pursuant to Water Code section 13385, subdivision (e), civil liability, at a minimum, must be assessed at a level that recovers the economic benefit, if any, derived from the acts that constitute a violation. The Discharger incurred minimal economic benefit as a result of the six SSOs. Other Factors as Justice May Require Maximum Liability $220,680 Water Code section 13385 allows up to $10,000 for each day in which a violation occurs, plus $10 for each gallon exceeding 1,000 gallons discharged and not cleaned up. Therefore, the maximum liability reflects six SSOs totaling 21,118 gallons discharged to surface water and six days of violations.

Adjustments for Discharger Conduct. Culpability 1.0 For the six SSOs, a neutral culpability factor is appropriate because the Discharger is responsible for the operation and maintenance of its collection system pipelines. However, the SSOs were not caused by intentional or negligent behavior. Cleanup and Cooperation 1.0 For the six SSOs, a neutral cleanup and cooperation factor is appropriate because the Discharger cooperated during investigations. History of Violations 1.0 For the six SSOs, a neutral history of violations factor is appropriate because the Discharger has no history of enforcement due to SSO violations. Total Base Liability $33,102 The total base liability is determined by multiplying the total initial liability by each applicable factor relating to the Discharger's ’s conduct. Ability to Pay and Continue in Business No adjustment The ability of a discharger to pay the recommended administrative civil liability is determined by its revenues and assets. The Discharger has an annual operating budget of $1.5 million for fiscal year 2017/18. The proposed liability will not affect the Discharger's ’s ability to continue operation and maintenance of its system. Economic Benefit Minimal Pursuant to Water Code section 13385, subdivision (e), civil liability, at a minimum, must be assessed at a level that recovers the economic benefit, if any, derived from the acts that constitute a violation. The Discharger incurred minimal economic benefit as a result of the six SSOs. Other Factors as Justice May Require Maximum Liability $220,680 Water Code section 13385 allows up to $10,000 for each day in which a violation occurs, plus $10 for each gallon exceeding 1,000 gallons discharged and not cleaned up. Therefore, the maximum liability reflects six SSOs totaling 21,118 gallons discharged to surface water and six days of violations.