Factor 2: Actual or Potential Harm to Beneficial Uses (3 = Above Moderate Sample Clauses

Factor 2: Actual or Potential Harm to Beneficial Uses (3 = Above Moderate. This factor considers the actual harm or potential harm to beneficial uses that may result from exposure to the pollutants or contaminants in the discharge. A score between 0 and 5 is assigned. The Beneficial Uses of Permanente Creek include groundwater recharge; spawning and wildlife habitat for species, including endangered species such as the California red-legged frog; and recreational uses. While this large and continuous discharge could have affected a number of those beneficial uses, the Prosecution Team recognizes that Permanente Creek may not have been flowing at the time of this discharge. Thus, actual exposure and/or impact was minimized.