Deviation from Requirement major This factor is from Table 1 and 2 of the Enforcement Policy and is based on a deviation from requirements of major. On the days of discharge, the SSOs rendered the Prohibition ineffective in its essential functions because the Prohibition would have been effective only if no SSO had occurred. Adjustment for High Volume Discharges $10/day No adjustment The Enforcement Policy allows for a maximum per gallon liability of $2, rather than $10, for high volume discharges such as can occur for sewage spills. However, the largest of the 46 SSOs was 65,055 gallons. This is not considered a “high volume discharge.” Therefore, a maximum per gallon liability of $10 is appropriate. Initial Liability $669,900 The initial liability is determined by adding each liability for all 46 SSOs: Each SSO liability = Per gallon factor, multiplied by (SSO gallons discharged to surface water minus 1,000 gallons) plus Per day factor, multiplied by the maximum per day amount of liability allowed ($10,000), multiplied by the number of days of SSO duration. Culpability 1.0 For the 39 capacity-related SSOs, the Discharger’s culpability is neutral. A higher culpability would be appropriate because the Discharger had deferred necessary upgrades it had earlier identified in its collection system to eliminate the capacity-related SSOs. However, the deferrals were made in order to construct water recycling projects and a treatment plant upgrade for biosolids handling to maintain high quality effluent for recycling. The recycle water projects included a storage reservoir and the Napa Sonoma Salt March reclaimed water pipeline. The recycled water projects offset both potable and groundwater use in the Napa/Sonoma Valley region during the current drought. PENALTY FACTOR VALUE DISCUSSION 1.0 For the seven blockage-related SSOs, the Discharger is culpable because it is responsible for the maintenance and operation of its collection system pipelines. However, the SSOs were not caused by intentional or negligent behavior. Cleanup and Cooperation 1.0 0.95 For the 39 capacity-related SSOs, this factor is neutral. The Discharger was reasonably cooperative during investigations. For the seven blockage-related SSOs, the Discharger recovered 27 percent (1,029 gallons) of the total discharged volume (3,755 gallons). The recovered sewage demonstrates the Discharger’s effort to mitigate the volume discharged to surface water. History of Violations 1.1 The Discharger has a history of SSO violations. For...
Deviation from Requirement. Major The Enforcement Policy defines a Major Deviation from Requirement as “The requirement was rendered ineffective (e.g., the requirement was rendered ineffective in its essential functions).” The Discharger allowed the disposal of concrete waste on impervious and pervious Site surfaces, thereby rending the requirement ineffective in its essential function. Therefore, the Deviation from Requirement for these violations is characterized as Major.
Deviation from Requirement. An unplanned discharge from the ECA replaced main should be considered a minor deviation from a regulatory requirement because the purpose of the ECA is to reduce the likelihood of such discharge.
Deviation from Requirement. The Deviation from Requirement is moderate. Deviation from Requirement reflects the extent to which a violation deviates from the specific requirement that was violated. Moderate is assigned when the intended effectiveness of the requirement was partially compromised (e.g., the requirement was not met, and the effectiveness of the requirement was only partially achieved). Dischargers must minimize or prevent pollutants in stormwater discharges through controls, structures, and management practices that use best conventional technologies to control pollutants, such as sediment and pH. CalAtlantic only partially achieved the effectiveness of this requirement. Controls installed on Xxxxx Preserve Parkway were missing, spaced too far apart, or inadequately installed to control erosion and sediment transport, and perimeter controls installed along Xxxxxxxxx Canyon Road to contain sediment onsite failed.23 CalAtlantic implemented some controls, structures, and management to control erosion and sediment transport, but coverage was inadequate and the measures were ineffective at minimizing or preventing sediment discharges.
Deviation from Requirement major A major deviation from requirement occurs when the requirement has been rendered ineffective (e.g., a discharger disregards the requirement or the requirement is rendered ineffective in its essential functions). Discharge Prohibition III.F of the 2007 Order prohibited discharge of untreated sewage to waters of the United States. By discharging to waters of the United States, the discharge rendered the prohibition ineffective in its essential functions. This represents a “major” deviation from the requirement based on the Enforcement Policy. Based on Table 2 of the Enforcement Policy, a factor of 0.15 applies to the January 25, 2008, SSO due to the Potential for Harm score of “5” and the “major” deviation from requirement. Adjustment for High Volume Discharges $2 The Enforcement Policy allows for a per-gallon liability adjustment for high-volume discharges, such as large sewage spills. The January 25, 2008, SSO was 132,710 gallons and is considered a “high volume discharge.” Therefore, a $2 per gallon PENALTY FACTOR VALUE DISCUSSION liability, rather than a $10 per gallon liability, results in an appropriate penalty and sufficient deterrent for this discharge. Initial Liability $42,513 January 25, 2008, SSO: $42,513 = (0.15 x 131,710 x 2) + (0.15 x 2 x 10,000) Total Initial Liability (All Violation Groups) $99,028 The total initial liability is the sum of the initial liabilities for the four groups of violations above. $99,028 = $11,272 + $33,000 + $12,243 + $42,513 Adjustments for Settling Respondent Conduct7 Culpability 1.0 For the 10 SSOs, a neutral culpability factor is appropriate because, although the Settling Respondent is responsible for the operation and maintenance of its collection system pipelines, the SSOs were not caused by intentional or negligent behavior.
Deviation from Requirement major A major deviation from requirement occurs when the requirement has been rendered ineffective (e.g., a discharger disregards the requirement or the requirement is rendered ineffective in its essential functions). Discharge Prohibitions III.F (of the 2007 Order) and III.E (of the 2012 Order) prohibited discharge of untreated sewage to waters of the United States. By discharging to waters of the United States, the discharges rendered the prohibitions ineffective in their essential functions. This represents a “major” deviation from the requirement based on the Enforcement Policy. PENALTY FACTOR VALUE DISCUSSION Based on Table 2 of the Enforcement Policy, a factor of 0.15 applies to these six SSOs due to the Potential for Harm score of “5” and the “major” deviation from requirement. Adjustment for High Volume Discharges $10 The largest of these six SSOs was 3,162 gallons. This is not considered a “high volume discharge.” Therefore, a $10 per gallon liability is appropriate. Initial Liability $12,243 December 6, 2008: $1,500 = (0.15 x 0 x10) + (0.15 x 1 x 10,000) November 1, 2009: $1,500 = (0.15 x 0 x10) + (0.15 x 1 x 10,000) November 7, 2010: $1,500 = (0.15 x 0 x10) + (0.15 x 1 x 10,000) December 19, 2010: $4,743 = (0.15 x 2,162 x10) + (0.15 x 1 x 10,000) November 24, 2011: $1,500 = (0.15 x 0 x10) + (0.15 x 1 x 10,000) February 2, 2014: $1,500 = (0.15 x 0 x10) + (0.15 x 1 x 10,000) Harm or Potential Harm to Beneficial Uses for Discharge Violations 1 Harm or Potential for Harm: minor A “minor” potential for harm is selected for the January 25, 2008, SSO because the impacts fit the Enforcement Policy definition for minor harm (“low threat to beneficial uses [i.e., no observed impacts but potential impacts to beneficial uses with no appreciable harm]”). There were impacts to the REC1 beneficial uses of the Pacific Ocean, but the discharge was diluted with high wet weather flows and quickly dispersed into the ocean. Moreover, actual recreational use is typically less during wet weather. Physical, Chemical, Biological, or Thermal Characteristics (Degree of Toxicity) 3 For the January 25, 2008, SSO, an “above moderate” degree of toxicity is selected because the sewage discharged was not treated, was potentially toxic to aquatic organisms, and contained bacteria at levels exceeding human health standards. Therefore, the discharge posed an above moderate risk to potential receptors. Susceptibility to Cleanup or Abatement 1 The January 25, 2008, SSO occurred duri...
Deviation from Requirement major The alleged discharge of milk and propylene glycol was an unauthorized discharge prohibited by the General Permit. It did not coincide with rain and was not a stormwater discharge. The essential function of the General Permit prohibition was rendered ineffective. Adjustment for High Volume Discharges None There is no adjustment for high volume discharge. Adjustment for Multiple Day Violations None There is no adjustment for multiple days of violations. Initial Liability $30,800 The initial liability is calculated as follows: per-day factor (0.22), multiplied by the maximum per-day amount of liability allowed ($10,000), multiplied by the number of days of violation (14). Days of violation are assessed for November 5 and November 7 through 19. This assessment is based only on days of violation, not discharge volume, due to SSI's spill recovery and cleanup efforts. Culpability 1.3 SSI did not follow internal practice to keep storm drain valves closed until a predicted storm and only open the valves if the storm drain is empty or pumped out. The valves were open on or prior to November 5 and again on November 7 when storms were not forecasted and milk allegedly discharged from the storm drain system into Xxxxxxx Canyon Creek.
Deviation from Requirement major The deviation from the Permit requirement was major because the Permit prohibited the discharge. The Discharger is only authorized to discharge advanced, secondary-treated municipal wastewater directly into Xxxxxxx Channel, a tributary of South San Francisco Bay. The Permit (section III.A) prohibits discharge at any other location. Discharge to the FWS Channel rendered the Permit requirement ineffective in its essential functions. The per-gallon and per-day factors come from Enforcement Policy Tables 1 and 2, and are based on the sum of the toxicity, harm, and PENALTY FACTOR SCORE DISCUSSION susceptibility factors above (5) and the “major” deviation from requirement. High Volume Discharge Adjustment $3.50/ gallon A per-gallon liability of $3.50, rather than the maximum of $10, is appropriate because the discharge volume was over 100,000 gallons and this assessment would not result in an inappropriately small penalty. Using $3.50 per gallon to calculate the initial liability discounts much of the penalty for the discharge volume above 100,000 gallons. Using $3.50 per gallon results in a suitable deterrent and bears a reasonable relationship to the gravity of the violation. Days of Violation 1 The discharge occurred on one day: July 29, 2020. Facility staff discovered the discharge while performing an inspection at 6:15 p.m. that evening. Staff observed an unusual upwelling in the FWS Channel at a location aligned with the Facility’s secondary effluent pipeline and shut off flow to the pipeline by turning off the oxidation pond effluent pumps. The upwelling in the FWS Channel decreased. Further testing on July 30, 2020, confirmed that the secondary effluent pipeline was the source of the discharge. Initial Liability $154,600 (rounded) The initial liability is calculated as follows: per-gallon factor multiplied by gallons discharged to surface water (minus 1,000 gallons) multiplied by maximum per-gallon liability (as adjusted above), plus per-day factor multiplied by maximum per-day liability ($10,000) multiplied by number of days of discharge. Initial Liability: $154,600 = (0.15 x 291,600 gal x $3.50/gal) + (0.15 x $10,000/day x 1 day) Culpability 1.0 A neutral culpability factor is appropriate because the Discharger took prudent steps to rehabilitate the Facility to address aging infrastructure, including plans to upgrade the secondary effluent pipeline within the expected lifecycle of the pipe. History of Violations 1.1 A 10 percent increase is appro...
Deviation from Requirement major The violations were a major deviation from the Permit’s effluent limitations. Effluent analysis results, received after the discharge, indicated that the treatment system used to treat contaminated groundwater prior to discharge was insufficient to be protective of receiving waters. The Discharger should have held effluent onsite until sampling results were available. The Discharger disregarded the regulatory program by discharging insufficiently treated groundwater to Ravenswood Slough without first receiving results of effluent sample analysis. Adjustment for High Volume Discharges $3/day A per-gallon liability of $3, rather than the maximum of $10, is appropriate because the discharge volume was over 100,000 gallons and this assessment would not result in an inappropriately small penalty. Using $3 per gallon results in a suitable deterrent and bears a reasonable relationship to the gravity of the violation. Days of Violation 8 According to the Discharger’s Self-Monitoring Report for the period of January 1, 2021, through June 30, 2021, the discharge occurred from January 6 through 13, 2021, a period of 8 days. Initial Liability $100,000 The initial liability is calculated as follows: per-gallon factor multiplied by gallons discharged to surface water (minus 1,000 gallons) multiplied by maximum per-gallon liability (as adjusted above), plus per-day factor multiplied by maximum per-day liability ($10,000) multiplied by number of days of discharge. Pursuant to the Enforcement Policy, the per-gallon and per-day factors are both 0.08. Initial Liability: $100,000 = (0.08 x 390,000 gal x $3/gal) + (0.08 x $10,000/day x 8 days)
Deviation from Requirement. The Enforcement Policy requires a determination of whether the violation represents either a minor, moderate, or major deviation from the applicable requirements. The deviation from requirement is major. To date, the Discharger has a combined 2080 days of violation for late monitoring reports and 180 days of violation for missing reports. The maximum days of violation that the Discharger could be penalized as of December 31, 2017 would be 2756 days . The requirements in the applicable Valley Station WDRs are rendered ineffective when the Discharger fails to meet its reporting requirements. The Discharger continuously failed to submit monitoring reports on time, or at all, since 2010. During that period, the Discharger failed to request extensions or provide an explanation for the late and missing reports to the Regional Water Board. Therefore, the deviation from requirement is major. Table 3 of the Enforcement Policy prescribes a per day factor ranging from 0.40 to 0.70 for those violations in which the potential for harm is moderate and the deviation from requirement is major. Based on the above factors, a per day factor of 0.55 is appropriate (see Table 3 on pg. 16 of the Enforcement Policy).
