Maximum and Minimum Liability Amounts. Pursuant to Water Code section 13385 the maximum civil liability that the San Diego Water Board may assess for this violation is ten thousand dollars ($10,000) per day of violation (per violation). In this instance, the Prosecution Team is proposing the assessment of civil liability for the failure to implement Entrance Tracking BMPs for one (1) day. The maximum civil liability that could be assessed for this violation is ten thousand dollars ($10,000). Water Code section 13385(e) requires that when pursuing civil liability under section 13385, "[a]t a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation." The Enforcement Policy requires that the adjusted Total Base Liability shall be at least ten percent (10%) higher than the economic benefit. Therefore, the minimum liability is (1.1 x $1,119) = $1,231.
Maximum and Minimum Liability Amounts. The Enforcement Policy directs the Regional Board to consider maximum and minimum liability amounts set forth in the applicable statutes.
Maximum and Minimum Liability Amounts. The maximum and minimum amounts for discharge violation must be determined for comparison to the amounts being proposed. These values are presented in the ACL Complaint, and the values are repeated here. Maximum Liability Amount: $4,635,000 (based on CWC 13350 of $5000 per day of violation) Minimum Liability Amount: $92,700 (based on CWC 13350 of $100 per day of violation)
Maximum and Minimum Liability Amounts. The maximum liability provided for by statute is $350,000 and the minimum liability amount required by the Enforcement Policy is $2,662 (Economic Benefit + 10%). The Enforcement Policy requires that the discretionary administrative civil liability must not exceed the maximum liability amount nor be less than the minimum liability amount. The proposed liability of $5,900 is greater than the minimum liability amount and lower than the maximum liability amount. RECOMMENDATIONS FOR DISCRETIONARY PENALTY
Maximum and Minimum Liability Amounts. Maximum Liability Amount: The maximum liability is found in CWC section 13385 subdivision (c) and is $10,000 per day of violation plus $10 per gallon multiplied by the number of gallons discharged but not cleaned up over 1,000 gallons. The statutory maximum for Violation 1 is $85,087,900 based on two days of violation and a discharge of 8,507,790 gallons. The statutory maximum for Violation 2 is $880,460 based on 13 days of violation and a discharge of 75,046 gallons discharged to a water of the United States, less 1,000 gallons, and was not recovered. The combined total maximum liability for the two violations is $85,968,360. Minimum Liability Amount: CWC section 13385, subdivision (e) requires that, at a minimum, the economic benefit derived from the violations be recovered. The statutory minimum liability amount for Violations 1-2 is equal to the economic benefit of $4,594. The Enforcement Policy requires the Water Boards to recover 10% greater than the economic benefit. The economic benefit derived from the violations addressed in this matter is $5,053. Therefore, the minimum under the Enforcement Policy is $5,053.
Maximum and Minimum Liability Amounts. The maximum and minimum amounts for the discharge violation must be determined for comparison to the amounts being proposed. Maximum Liability: Water Code maximum liability amount for the violation is $4,662,270. Minimum Liability: The minimum liability is calculated as the economic benefit plus 10%. The minimum liability is $447.
Maximum and Minimum Liability Amounts. The Enforcement Policy directs the Regional Water Board to consider maximum and minimum liability amounts set forth in the applicable statutes.
Maximum and Minimum Liability Amounts. The maximum and minimum amounts must be determined for comparison to the proposed liability.
Maximum and Minimum Liability Amounts. Minimum Liability Amount: $86.90 Maximum Liability Amount: $180,000 The Enforcement Policy states (p. 21) that the total liability shall be at least 10% higher than the economic benefit, “so that liabilities are not construed as the cost of doing business and the assessed liability provides meaningful deterrent to future violations.” Therefore, the minimum total liability associated with the economic benefit is approximately $86.90. Maximum liability is determined by $10,000 per day per violation.
Maximum and Minimum Liability Amounts. The Enforcement Policy directs the Regional Water Board to consider the maximum or minimum liability amounts set forth in the applicable statutes. The maximum and minimum amounts for the violations are shown below. The Enforcement Policy requires that the minimum liability amount imposed must account for the economic benefit derived plus ten percent. The maximum administrative liability amount is the maximum allowed by Water Code section 13385: (1) $10,000 for each day of violation, and (2) on a per gallon basis in an amount not to exceed $10 per gallon of waste discharged but not cleaned up in excess of 1,000 gallons. The proposed liability falls within the maximum and minimum amounts.
