ADJUSTMENTS TO DETERMINATION OF INITIAL LIABILITY Sample Clauses

ADJUSTMENTS TO DETERMINATION OF INITIAL LIABILITY. The City’s culpability factor is 1. This value is based on the following: The City is responsible for the proper operation and maintenance of its collection system. It could have prevented the SSOs caused by root blockages with a more effective Root Foaming Program. The City’s actions or inactions that resulted in these alleged violations were not negligent or intentional. The City’s cleanup and cooperation factor is 1. This value is based on the following: Once an SSO reaches surface waters, flows can carry the discharge downstream making it difficult to contain and recover the waste. The City was notified of and responded to each SSO in 30 minutes or less of becoming aware of the SSO. As stated above, the City recovered a total of approximately 10,100 gallons (or 14 percent) from its responses to the four SSOs. The City’s history of violations factor is 1.2. This value is based on the following: From February 1, 2007, through July 16, 2010, the Discharger self-reported approximately 522 SSOs. In the early 1980’s, the Discharger had many SSOs during wet weather, which indicated insufficient collection system capacity. As a result, the Regional Water Board issued to the Discharger Cease and Desist Order (CDO) No. 86- 17 on March 19, 1986, which was subsequently superseded by CDO No. 93-134 on October 20, 1993. CDO No. 93-134 was recently superseded by CDO No. R2-2009-0087 on November 18, 2009. The City has completed 87 percent of the sewer collection system infrastructure improvements, replacements, and repair required by these orders and the EPA Administrative Order referenced above. In addition, the City is on schedule to complete all of the projects required by these orders and the EPA Administrative Order by June 30, 2014. The City has also made significant improvements in its reporting systems in accordance with the Regional Water Board’s reporting policies and procedures.
Sample 1
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