Per Day Factor. The Per Day Factor utilizing a moderate Potential for Harm and major Deviation from Requirement ranges from 0.4-0.7. The mid-range Per Factor of 0.55 has been selected. Initial Liability: $10,000/day X 3 days X 0.55 = $16,500
Per Day Factor. Table 3 of the Enforcement Policy (p. 16) is used to determine a “per day” factor for non-discharge violations based on the Potential for Harm and the extent of the Deviation from Requirements. Violation 6: For this violation, in accordance with Table 3, the per day factor is 0.35. Violation 7: For this violation, in accordance with Table 3, the per day factor is 0.55.
Per Day Factor. 0.55 The Per Day Factor is determined based on the Potential for Harm and Deviation from Requirement scores using Table 3 in the 2017 Enforcement Policy. For a Moderate Potential for Harm and Major Deviation from Requirement, the Per Day Factor is 0.55.
Per Day Factor. 0.15 Days of Violation: 1
Per Day Factor. A Per Day Factor of 0.6 is selected from Table 2 of the Enforcement Policy.
Per Day Factor. For all days of violation except for the discharge that occurred on January 29, 2021: Using a Potential for Harm factor score of 6 (see Step 1) and Deviation from Requirement of Major, the Per Day Factor is 0.28 in Table 2 of the Enforcement Policy. For the discharge that occurred on January 29, 2021: Using a Potential for Harm factor score of 5 (see Step 1) and Deviation from Requirement of Major, the Per Day Factor is 0.15.
Per Day Factor. Potential for Harm of minor and an Extent of Deviation of moderate results in a factor of 0.25 for Violations 2, 3, 4, and 5 (Table 3, pg. 16 of the Enforcement Policy.)
Per Day Factor. Table 2 on page 15 of the Enforcement Policy describes the “per day factor” for discharge violations. Based on the final score of 4 from the Potential for Harm factor and a moderate deviation, the per day factor is 0.016.
Per Day Factor. The Per Day Factor utilizing a Moderate Potential for Harm and Major Deviation from Requirement is 0.55 (see Table 3 on page 16 of the 2010 Enforcement Policy). The 2010 Enforcement Policy allows for violations that last more than thirty (30) days, the daily assessment can be less than the calculated daily assessment, provided the that it is no less than the per day economic benefit resulting from the violation. For these cases, the Water Board must make an express finding that the violation: (1) is not causing daily detrimental impacts to the environment or the regulatory program, (2) results in no economic benefit that can be measured on a daily basis, or (3) occurred without the knowledge or control of the violator. Staff have determined the Discharger’s failure to have a QSP did not cause daily detrimental impacts to the environment or regulatory program and did not result in an economic benefit that could be measured on a daily basis. Under the alternate approach to penalty calculation for multiple day violations, the days of violation are reduced to the first day of violation, plus an assessment for each five-day period of violation until the 30th day, plus an assessment for each thirty days of violation. Using this methodology, the total days of violation were reduced from three hundred eighty- two (382) to eighteen (18) days. Initial Liability: $10,000/day X 18 days X .55 = $99,000.
