Common use of Degree of Toxicity of the Discharge Clause in Contracts

Degree of Toxicity of the Discharge. 3 The degree of toxicity considers the physical, chemical, biological, and/or thermal characteristics of the discharge, and the risk of damage the discharge could cause to the receptors or beneficial uses. A score between 0 and 4 is assigned. The discharge of untreated wastewater to surface water poses an above moderate risk or a direct threat to potential receptors for at least four reasons:

Degree of Toxicity of the Discharge. 3 The degree of toxicity considers the physical, chemical, biological, and/or thermal characteristics of the discharge, and the risk of damage the discharge could cause to the receptors or beneficial uses. A score between 0 and 4 is assigned. The As described for Violation 1, the discharge of untreated wastewater to surface water poses an above above-moderate risk to human or aquatic receptors and therefore warrants a direct threat to potential receptors for at least four reasons:factor of 3 (above moderate).