Cleanup and Cooperation. The cleanup and cooperation multiplier ranges from 0.75 to 1.5, with a lower multiplier where there is exceptional cleanup and cooperation compared to what can reasonably be expected, and a higher multiplier where there is not. A multiplier of 1.1 is assigned for these violations because the Discharger had implemented additional BMPs in the form of street sweeping as confirmed by Regional Board staff during the May 4, 2018 inspection.
Cleanup and Cooperation. 1.3 This factor reflects the extent to which a discharger voluntarily cooperates with regulatory authorities in returning to compliance and correcting environmental damage after the violation. The cleanup and cooperation multiplier ranges from
Cleanup and Cooperation. 0.8 This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is applied, with a higher multiplier when there is a lack of cleanup or cooperation. The spill began between 1:30 and 1:35 p.m. on December 30, 2021. The Discharger was notified at 1:50 p.m. on December 30, 2021. The Discharger relied on multiple contractors to respond to the emergency. Access to the spill location was difficult, but it still took over 32 hours, until 9:38 p.m. on December 31, 2021, for the Discharger to stop the spill through the installation of five bypass pumps. It also took over 13 hours, until 3:00 a.m. on December 31, 2021, to excavate, install shoring and secure the sinkhole. After securing the sinkhole, Discharger’s contractor continued to clean up soil and debris through January 2, 2022 and conducted CCTV inspection to assess the condition of the sewer. On January 3, 2022, the downstream sewer was determined to be safe to reestablish the flow. In total, the flow was restored after five days. While the facts above indicate some problems with the Discharger’s response to the SSO, overall, the Discharger went above and beyond a normally expected response to an SSO and exceeded what was envisioned in the Discharger’s Sanitary Sewer Overflow Response Plan. For example, the Discharger conducted the following activities: - Enhanced public notification, such as stationing staff at each end of the West 212th Street throughout the entirety of the SSO event to prevent public contact with wastewater; going door-to-door to speak to affected residents on the evening of December 30th; meeting with residents to understand their concerns on January 3rd; releasing public notification flyers in multiple languages; and providing daily updates regarding the spill and progress of cleanup on the Discharger’s website. - Enhanced cleaning activities including working throughout the night of December 31st to flush the north side of West 212th Street; re-flushing the north side of West 212th Street on January 1st; completing additional cleaning and disinfection of driveways and sidewalks on January 3rd; completing additional cleaning and disinfection of the south side of West 212th Street on January 3rd; completing additional cleaning of the north side of West 212th Street on January 5th; providing a mobile car washing service to affected residents; and contracting with a landscap...
Cleanup and Cooperation. 1.0 This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is used, with a higher multiplier when there is a lack of cleanup or cooperation. In this case, the Discharger responded to each spill in a manner that is reasonable and prudent, and as expected for a sewer district of its size. The Discharger appropriately followed its Sanitary Sewer Overflow Response Plan, a component of the 2019 Sewer System Management Plan, as is expected of a discharger enrolled in the SSS WDR. Therefore, a neutral multiplier of 1.0 is assigned.
Cleanup and Cooperation. Adherence to the terms of this Stipulation, including timely notification to all relevant agencies of an unplanned discharge and timely performance of all applicable cleanup, monitoring and assessment, should reflect a high degree of cooperation.
Cleanup and Cooperation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is used, with a higher multiplier when there is a lack of cooperation.
Cleanup and Cooperation. 1.1 A score of 1.1 (above neutral) is appropriate because the Discharger took seven days to return to compliance once it became aware of the violation. The Discharger eventually installed a “barrier corral” and an additional pump in Pond 5D, and increased dredging and pumping rates to reduce solids and comply with the Permit’s effluent limits. Total Base Liability $126,000 (rounded) The initial liability is multiplied by each factor related to the Discharger’s conduct to determine the Total Base Liability as follows: $126,034 = $86,600 x 1.2 (culpability) x 1.1 (history of violations) x 1.1 (cleanup and cooperation) Ability to Pay and Continue in Business No adjustment The Enforcement Policy provides that if there is sufficient financial information to assess the violator’s ability to pay the total base liability or to assess the effect of the total base liability on the violator’s ability to continue in business, then the liability may be adjusted downward if warranted. PBF Energy Inc., the Discharger’s parent corporation, is a large energy business with multiple refineries throughout the United States and did not raise the issue of the ability to pay during negotiations. Therefore, the Prosecution Team believes that the Discharger can pay the proposed liability without undue financial hardship.
Cleanup and Cooperation. 1.4 This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier when there is a lack of cooperation. As discussed above, the NOVs directed the Dischargers to submit missing Annual Reports and offered the Dischargers an opportunity to submit missing reports to come back in compliance. Despite multiple notifications of violations and outreach by the Central Valley Water Board, the Dischargers have only recently cooperated and attempted to return to compliance with the Reissued General Order. Therefore, it is appropriate to use a cleanup and cooperation multiplier of 1.4.
Cleanup and Cooperation. The Enforcement Policy provides for an adjustment to reflect the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. The adjustment is a multiplier between 0.75 and 1.5, with a higher multiplier where there is a lack of cooperation. Violations 1 through 4: The cleanup and cooperation multiplier is 1.0 because CalAtlantic was cooperative with inspections, willing to meet to discuss site conditions and Permit requirements, and responsive in providing weekly progress reports. The amount of time needed to comply with the Permit, over a period of approximately two months, was not due to lack of cooperation or effort as much as the amount of work and level of effort needed to stop sediment-laden discharges and fix or improve erosion and sediment controls.
Cleanup and Cooperation. The Enforcement Policy provides for an adjustment to reflect the extent to which a violator voluntarily cooperated in returning to compliance and correcting environmental damage. The adjustment is a multiplier between 0.75 and 1.5, with a higher multiplier where there is a lack of cooperation. Violations 1 – 8: The cleanup and cooperation multiplier is decreased at 0.75. A credit is appropriate because Lehigh is implementing a major facility change that is above and beyond the actions required by the CDO. Lehigh is increasing the storage capacity of the Reclaim Water System to control future unauthorized discharges from Discharge Point No. 005 (Pond 20). Construction of a new 11.5 acre-foot (approximately 3.8 million gallon) retention basin at the Cement Plant is underway to accomplish the plan. Lehigh completed construction of the new basin in early 2016. Lehigh also implemented best management practices for erosion and sediment control measures at Discharge Point 006 (Pond 30). Such measures include the following: Cover all limestone surfaces with non-limestone materials; Hydroseed and stabilize slopes; Install approximately 10,000 feet of wattles to stabilize slopes; Remove all silt and vegetation from Ponds 30, 31A, and 31B to increase storage capacity; Remove all silt and vegetation from sedimentation basin 7 (SB7) and clean out the ditch that leads to SB7; Reconstruct the berm around the contractor parking area around Pond 30, including wire-backed silt fence; Install rock-lined stormwater channel, which check dams, along approximately 300 feet of eastern material storage area; and Construct of a new berm at the base of the new eastern material storage area slope above SB7. Furthermore, Lehigh constructed a reservoir to collect stormwater runoff from the facility to improve compliance and further reduce pollutant loading from Discharge Point No. 005. The construction of Pond 20 drainage area diversion pipelines is also in progress. In addition, Lehigh is investigating the possibility of installing “floc-logs” upstream of the pond to help reduce the TSS loading even further. Lehigh submitted required monitoring and other written reports consistent with the Permit (Order No. R2-2014-0010) and CDO (Order No. R2-2014-0011), and no credit is provided for complying with these requirements.
