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. Adjustments for Discharger Conduct 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 h...
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 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 failed to maintain records of weekly inspections, copies of REAPs, and copies of BMPs and maps/drawings which is required by the General Permit. Therefore, the Deviation from Requirement for these violations is characterized as Major.
Deviation from Requirement. Violation 1: 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 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) PENALTY FACTOR VALUE DISCUSSION Violation Group 4: January 25, 2008, SSO 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. Suscept...
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. 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 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).
Deviation from Requirement. Major The discharge violated Basin Plan discharge prohibitions (No. 7 and 9) and a Permit discharge prohibition (section III.C.), rendering these requirements ineffective in their essential functions to protect beneficial uses. Initial Liability $200,130 The initial liability is calculated as follows: Per-gallon factor (0.6), multiplied by the per-gallon statutory maximum liability allowed ($10), multiplied by the number of gallons discharged (33,355).
Deviation from Requirement. The Deviation from Requirement is based on a determination of whether the intended effectiveness of the requirement “remains generally intact” (Minor), “has been partially compromised” (Moderate), or “rendered ineffective” (Major). The Enforcement Policy defines a Major “Deviation from Requirement” as “[t]he requirement has been rendered ineffective (e.g., discharger disregards the requirement, and/or the requirement is rendered ineffective in its essential functions).” The Deviation from Requirement is Major because Order No. R4-2016-0122 prohibits all discharges except for stormwater discharges specifically authorized by the permit. Major is an appropriate selection because a review of the compliance history reveals that while some minor Facility improvements may have led to fewer MMPs over the years, the Facility failed to implement corrective actions that would effectively prevent later exceedances to bring the facility back into compliance. Major is an appropriate selection because there was a failure to prevent repeated violations, even after enforcement actions and the issuance of a TSO and its amendment. Major is also an appropriate selection because the Discharger frequently exceeded the concentration limits in their permit by percentages of hundreds or thousands over the permit limits.
