– Assessment for Non-Discharge Violations Sample Clauses

– Assessment for Non-Discharge Violations. This step applies to Violations 4 and 5 because they are non-discharge violations. This step does not apply to Violations 1, 2, and 3 because they are discharge violations. For non-discharge violations, the Enforcement Policy specifies that an initial liability be determined from the maximum per-day liability multiplied by the number of days of violation and a per-day factor ranging from 0.1 to 1 corresponding to the Potential for Harm and Deviation from Requirement. The Potential for Harm reflects the characteristics and/or the circumstances of the violation and its threat to beneficial uses. The Deviation from Requirement reflects the extent to which a violation deviates from the specific requirement violated. Potential for Harm Violations 4 and 5: The Potential for Harm is moderate. A “moderate” Potential for Harm applies when characteristics of the violation present a substantial threat to beneficial uses and/or indicate a substantial potential for harm. Most non- discharge violations are considered to present a moderate potential for harm. Violation 4 By not implementing minimum BMPs to identify and cleanup leaks, the Discharger exposed leachate to rain and increased the potential for stormwater to convey pollutants to groundwater and Stream 1. The leachate that leaked from the collection tanks presented a substantial threat to Stream 1 beneficial uses, including aquatic habitat, because the leaks lasted for over one week and the leachate contained metals at concentrations that may have exceeded toxic levels based on California Toxic Rule criteria (see Tables 1 and 2) as shown below: • Total arsenic levels at concentrations up to 0.35 mg/L exceeded the criterion (0.15 mg/L). • Total copper levels at concentrations up to 0.041 mg/L exceeded the criterion (0.01 mg/L). • Total nickel levels at concentrations up to 0.12 mg/L exceeded the criterion (0.056 mg/L). • Total zinc levels at concentrations up to 0.56 mg/L exceeded the criterion (0.13 mg/L). Violation 5 By not implementing minimum BMPs to provide effective stabilization for inactive areas or finished slopes, the Discharger exposed erodible material to rain and increased the potential for discharges of erodible materials to Stream 1. Based on observations of large rills on several benches on the Unlined Landfill with no BMPs or ineffective BMPs, sediment and other erodible material posed a substantial potential for harm. Uncontained sediment and erosion discharged from the Facility into the downstr...