Days of Violation Sample Clauses

Days of Violation. 2 The spill event took place over two days: December 30-31, 2021. Per Day Assessment:

Days of Violation. 13 As shown in Table 2, the spills occurred over 13 days. Per Day Assessment:

Days of Violation. The 2017 Annual Report was due by 1 July 2018; the 2018 Annual Report by 1 July 2019; the 2019 Annual Report by 1 July 2020, and the 2020 Annual Report by 1 July 2021. To date, the reports have not been submitted, however, the Prosecution Team has exercised discretion in counting the period of violation for each missing report as 365 days of violation, which is representative of the time transpiring from a report’s due date until the next report is due. This method is in the alternative of counting the time period as commencing on the Annual Report’s due date through issuance of this Complaint, which would yield many more days of violation. Multiple Days Reduction The Enforcement Policy provides that, for violations lasting more than 30 days, the Central Valley Water Board may adjust the per-day basis for civil liability if certain findings are made and provided that the adjusted per-day basis is no less than the per-day economic benefit, if any, resulting from the violation. In order to adjust the per-day basis, the Central Valley Water Board must make express findings that the violation: (a) is not causing daily detrimental impacts to the environment or the regulatory program; or (b) results in no economic benefit from the illegal conduct that can be measured on a daily basis; or (c) occurred without the knowledge or control of the violator, who therefore did not take action to mitigate or eliminate the violation. If one of these findings is made, an alternate approach to penalty calculation for multiple day violations may be used. For this violation, the Prosecution Team finds that the failure to submit the Annual Reports does not result in an economic benefit that can be measured daily. Therefore, the Prosecution Team recommends compressing the days of violation. Following the Enforcement Policy, for violations lasting more than 30 days, the days are counted as follows: the first 30 days of violation, every fifth day of violation until the 60th day, and every 30 days thereafter. The 365 days of violation for each of the four Annual Reports is compressed to 46 days by counting days 1-30, 35, 40, 45, 50, 55, 60, 90, 120, 150, 180, 210, 240, 270, 300, 330, and 360.

Days of Violation. The Enforcement Policy provides that, for violations lasting more than 30 days, the Central Valley Water Board may adjust the per-day basis for civil liability if certain findings are made and provided that the adjusted per-day basis is no less than the per-day economic benefit, if any, resulting from the violation. In order to adjust the per-day basis, the Central Valley Water Board must make express findings that the violation: (1) is not causing daily detrimental impacts to the environment or the regulatory program; or (2) results in no economic benefit from the illegal conduct that can be measured on a daily basis; or (3) occurred without the knowledge or control of the violator, who therefore did not take action to mitigate or eliminate the violation. If one of these findings is made, an alternate approach to penalty calculation for multiple day violations may be used. The Prosecution Team finds that the failure to submit reports results in no economic benefit that can be measured on a daily basis. Therefore, the Prosecution Team recommends compressing the days of violation. Following the Enforcement Policy, for violations lasting more than 30 days, the days are counted as follows: first day of violation, every fifth day of violation until the 30th day, and every 30 days thereafter. For example, a violation lasting 62 days would be compressed to 8 days (counting days 1, 5, 10, 15, 20, 25, 30, 60). The following table shows the actual days of violation and the compressed days of violation. The days of violation are calculated as the date one report is due until the date the next report is due. REQUIRED REPORT REPORT DUE DATE DATE SUBMITTED DAYS LATE COMPRESSED DAYS OF VIOLATION Q1-2013 Quarterly Progress Report 5-1-2013 3-11-2015 92 Q2-2013 Quarterly Progress Report 8-1-2013 3-11-2015 92 Q3-2013 Quarterly Progress Report 11-1-2013 3-11-2015 92 Q4-2013 Quarterly Progress Report 2-1-2014 3-11-2015 89 Q1-2014 Quarterly Progress Report 5-1-2014 3-11-2015 92 Q2-2014 Quarterly Progress Report 8-1-2014 3-11-2015 92 Q3-2014 Quarterly Progress Report 11-1-2014 3-11-2015 92 Q4-2014 Quarterly Progress Report 2-1-2015 3-11-2015 38 Total for First Period of NonCompliance: 679 28 Q3-2015 Quarterly Progress Report 11-1-2015 3-17-2016 89 Total for Second Period of NonCompliance: 181 12 Q4-2015 Quarterly Progress Report 2-1-2016 4-8-2016 67 Total for Third Period of NonCompliance: 67 8 Total Days of Violation 927 48 Using the compressed days of violation: Initial Liabi...

Days of Violation. The Enforcement Policy provides that, for violations lasting more than 30 days, the Central Valley Water Board may adjust the per-day basis for civil liability if certain findings are made and provided that the adjusted per-day basis is no less than the per-day economic benefit, if any, resulting from the violation. In order to adjust the per-day basis, the Central Valley Water Board must make express findings that the violation: (1) is not causing daily detrimental impacts to the environment or the regulatory program; or (2) results in no economic benefit from the illegal conduct that can be measured on a daily basis; or (3) occurred without the knowledge or control of the violator, who therefore did not take action to mitigate or eliminate the violation. The Prosecution Team finds that it is possible to adjust the per-day basis for civil liability for the Progress Reports because no economic benefit can be measured on a daily basis for these reports that are considered a one-time cost. The table below summarizes the date each required technical report was due. The days of violation are calculated from the due date of each report through 1 May 2016.

Days of Violation. For Violation 1, the number of days violation is 2. Evidence of runoff was discovered on both November 21st and November 28th inspection days. Evidence of runoff found on the first inspection was subject to the rain events from the previous night (November 20, 2016) and the morning the day of the inspection (November 21, 2016). Runoff found during the second inspection on November 28th was subject to a rain event that occurred the two days prior to the inspection day on November 26, 2016.

Days of Violation. Though it is possible that uncontained wastewater and trash exceeded the number of days past the first inspection on November 21, 2016, the following observations were addressed by the follow up inspection on November 28, 2016. For Violations 3 and 4, the number of days of violation is 1. For Violations 2 and 5, the number of violation days is 7. Rain events occurred two days preceding the follow up inspection on November 28th and evidence of runoff was observed. Additionally, perimeter controls were not established or repaired during this period.