Assessment for Discharge Violations. This step addresses administrative civil liabilities for the spill based on both a per-gallon and a per-day basis.
Assessment for Discharge Violations. This factor does not apply to these violations.
Assessment for Discharge Violations. This step is not applicable.
Assessment for Discharge Violations. The Prosecution Team is not alleging a discharge violation; therefore, the evaluation of this factor has been omitted from the following calculation.
Assessment for Discharge Violations. This step addresses penalties based on both a per-gallon and a per-day basis for discharge violations.
Assessment for Discharge Violations. This step addresses penalties for the discharge based on a per‐day basis for each violation. Water Code section 13385(c) allows civil liability to be assessed in an amount up to $10,000 per day of violation, and up to $10 per gallon discharged but not cleaned up in excess of 1,000 gallons.
Assessment for Discharge Violations. The Enforcement Policy specifies that when there is a discharge, an initial liability amount based on a per-gallon and/or a per-day basis is determined using the sum of the Potential for Harm scores from Step 1 and a determination of Deviation from Requirement. Water Code section 13350, subdivision (e) allows the Regional Board to impose an administrative civil liability on either a per-day basis or a per-gallon basis, but not both. The Prosecution Team elects to assess an administrative civil liability on a per-gallon basis because a per-day basis would result in an inappropriately low administrative civil liability given the nature and volume of the discharge.
Assessment for Discharge Violations. Deviation from Requirement The Deviation from Requirement reflects the extent to which the violation deviates from the specific requirement that was violated. The violation is characterized as either a Minor, Moderate, or Major Deviation from Requirement. In this case, the Deviation from Requirement is considered Major because all discharges are prohibited except for storm water and non- storm water discharges specifically authorized by the General Permit. Only discharges that have been controlled with BMPs that achieve BAT and BCT are authorized. Because the Discharger did not implement BMPs that achieved BAT and BCT, the discharge was unauthorized rendering the requirements in the General Permit, Water Code section 13376, and Clean Water Act section 301 ineffective in their essential functions.
Assessment for Discharge Violations. This step addresses penalties based on both a per-gallon and a per-day basis for discharge violations. Water Code section 13385, subdivision (c) allows for the imposition of an administrative civil liability of ten thousand dollars ($10,000) for each day of violation plus ten dollars ($10) per gallons for the volume discharged but not cleaned up that exceeds 1,000 gallons. Board staff cannot credibly approximate the volume of the discharge in excess of 1,000 gallons and therefore, only assessed an administrative civil liability on a per-day basis. Deviation from Requirement When there is a discharge, the Santa Water Board is to determine the initial liability amount on a per day basis using the Potential for Harm score from Step 1 (a score of 5 was determined) and the extent of Deviation from Requirement of the violation. The Deviation from Requirement reflects the extent to which the violation deviates from the specific requirement (effluent limitation, prohibition, monitoring requirement, etc.) that was violated. For this discharge, the Deviation from Requirement is considered “Major” because the Discharger did not comply with the requirement not to discharge waste and pollutants to waters of the United States without a permit, thereby rendering the requirement ineffective in its essential function of protecting water quality and beneficial uses.
Assessment for Discharge Violations. For this Complaint, the Central Valley Water Board Prosecution Team is not alleging any illegal discharge of waste by the Discharger. Therefore, the evaluation of this factor has been omitted from the following calculation.
