Determination of Total Base Liability Amount Sample Clauses

Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2.

Determination of Total Base Liability Amount. The Total Base Liability Amount for the violation is calculated by multiplying the Initial Liability Amount by the adjustment factors for the alleged violation (Initial Liability Amount) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). The applicable Total Base Liability Amount for the violation is $462,000 as summarized below. Total Base Liability Amount:

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($5,500) X (1) X (1.4) X (1.0) X (1.0) = $7,700 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require.

Determination of Total Base Liability Amount. The Total Base Liability Amount for the violation is calculated by multiplying the Initial Liability Amount by the adjustment factors for the alleged violations (Initial Liability Amount) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). The applicable Total Base Liability Amount for the violations is $805,374 as summarized below. Individual Total Base Liability Amounts: Dibromochloromethane: $12,400 x 1.4 x 1.1 x 1.4 = $26,734 10 Effluent limitation violations for the following pollutants: dibromochloromethane, dichlorobromomethane, total nitrogen, total copper, dissolved oxygen, total coliform, pH, sulfate, oil and grease, total suspended solids, bis-2(ethylhexyl) phthalate, total chlorine residual, and settleable solids.‌ 11 The summary of mandatory minimum liabilities issued for effluent limitation violations from June 25, 2019 through September 26, 2023, is a subset of the summary provided previously for the February 5, 2009 through September 26, 2023 date range. Dichlorobromomethane:‌ $7,750 x 1.4 x 1.1 x 1.4 = $16,709 Total Nitrogen: $19,600 x 1.4 x 1.1 x 1.4 = $42,258 Total Copper (May 2024): $83,700 x 1.4 x 1.1 x 1.4 = $180,457 Total Copper: $250,100 x 1.4 x 1.1 x 1.4 = $539,216 Combined Total Base Liability Amount: $26,734 + $16,709 + $42,258 + $180,457 + $539,216 = $805,374

Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2. Total Base Liability = $220,627.00 Steps 6 through 10 apply to the Combined Total Base Liability Amount for all violations and are discussed in Exhibit F after the Total Base Liability Amounts have been determined for the remaining violations.

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Discharger achieved an economic benefit of $2,314 for not covering the inactive large stockpile. Bonded fiber matrix could have been used to cover the stockpile. Bonded fiber matrix costs approximately $3,9016 per acre to install. Assuming that one-half acre was inactive, the cost would be $1,951. The economic benefit of not spraying the bonded fiber matrix is $2,314. See Exhibit No. 7, Economic Benefit Calculation Violation and Supporting Documentation.

Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2. Total Base Liability = $112,530

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Discharger achieved an economic benefit of $497 by not implementing run- on/runoff controls. The Discharger could have used 25 foot long eight inch diameter fiber rolls or straw wattles to protect the approximately 480 feet perimeter. With an overlap of one foot on each side, twenty 25 foot long wattles were needed. At a cost of $24.09 per xxxxxx, the XXX computer model calculates an economic benefit of $497. See Exhibit No. 7, Economic Benefit Calculation Violation and Supporting Documentation.

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment No. of X Culpability X Days Cleanup & X Cooperation History of Violations Total Base Liability = ($2,200) X (1) X (1.5) X (1.0) X (1.0) = $3,300 Step 6 - Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. The Discharger derived an economic benefit by not plugging up the two basin drains and pumping out the ponded storm water runoff for off-site disposal. It is estimated that the labor and materials necessary to plug the two basin drains is $500. The estimated cost to pump out the two basins and dispose of the ponded storm water runoff offsite is $450 based upon an invoice provided by the Discharger. Using the U.S. EPA BEN Model the Discharger enjoyed an economic benefit of $973. See Exhibit No. 7, Economic Benefit Calculation and Supporting Documentation.

Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2. On 30 October 2021, an SSO occurred at Xxxxx Xxxxx Park at the same location as the 24-25 October 2021 incident. The Discharger reported that two bypass pumps, deployed to bypass flows into a separate sewer line while repairs were made to the corroded pipeline described in Violation 1, failed. The bypass pumps clogged and failed to keep up with incoming wastewater flows, thus causing an SSO upstream of the repair location. An estimated 211,650 gallons of raw sewage was released into Dry Creek, a tributary of the Tuolumne River.