- 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 Total = Per Day X Assessment No. of X Culpability X Days Cleanup & X Cooperation History of Violations 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.
- 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 = $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 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.
- 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 amount for the violations is calculated by multiplying the initial amount (including any high-volume reductions) by the adjustment factors for each alleged violation (Initial Liability) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). Where multiple violations or violation types are considered, the individually calculated Base Liability amounts are added together to determine the Total Base Liability. The applicable Total Base Liability amount for all SSOs is $415,355. 12 December 10, 2015 SSO #1: ($34,100 + $3,100) x 1.2 x 1 x 1 = $44,640 January 8, 2017 SSOs #2 and #3: ($161,138 + $3,100) x 1.1 x 1 x 1 = $180,662 February 20, 2017 SSO #4: ($169,675 + $3,100) x 1.1 x 1 x 1 = $190,053 Total Base Liability = $415,355
- 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.
