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 2017 Enforcement Policy). Initial Liability Initial Liability: $10,000/day X 1 day X .55 = $5,500.
Per Day Factor. 0.28 Using a Potential for Harm score of 6 and a major Deviation from Requirement, Table 2 of the Enforcement Policy prescribes a factor of 0.28 as the Per Day Factor for the discharge. This factor is then multiplied by the days of discharge and the maximum per day liability of $10,000/day.
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. For this violation, in accordance with Table 3, the per day factor is 0.35.
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. Violation 1 Table 3 of the 2010 Enforcement Policy prescribes a per day factor ranging from 0.2 to 0.3 for those violations with a minor potential for harm and moderate deviation from the requirement. After weighing the agricultural operation’s proximity to an impaired surface water body, the use of sprinkler irrigation water with elevated nitrate concentrations, the high risk crops grown on this property, the total acreage, and the proximity to domestic xxxxx that exceed safe drinking water standards against the fact that the 2013 ACF was the first reporting requirement under the 2012 Agricultural Order, the Discharger submitted the 2013 ACF after receiving an NOV, and an ACF generally contains less crucial information than provided in a TNA Report, a per day factor of 0.2 is appropriate for Violation 1. Violation 2 Table 3 of the 2010 Enforcement Policy prescribes a per day factor ranging from 0.2 to 0.3 for those violations with a minor potential for harm and moderate deviation from the requirement. Based on the above factors and after considering the agricultural operation’s proximity to an impaired surface water body, the use of sprinkler irrigation water with elevated nitrate concentrations, the high risk crops grown on this property, the total acreage, and the proximity to domestic xxxxx that exceed safe drinking water standards, a per day factor of 0.3 is appropriate for Violation 2. Violations 3 – 7 Table 3 of the 2010 Enforcement Policy prescribes a per day factor ranging from 0.3 to 0.4 for those violations with a moderate potential for harm and moderate deviation from the requirement. Based on the above factors and after considering the agricultural operation’s proximity to an impaired surface water body, the use of sprinkler irrigation water with elevated nitrate concentrations, the high risk crops grown on this property, the total acreage, and the proximity to domestic xxxxx that exceed safe drinking water standards, a per day factor of 0.4 is appropriate for Violations 3 – 7. Violation 8 Table 3 of the 2010 Enforcement Policy prescribes a per day factor ranging from 0.4 to 0.7 for those violations with a moderate potential for harm and major deviation from the requirement. Based on the above factors and after considering the agricultural operation’s proximity to an impaired surface water body, the use of sprinkler irrigation water with elevated nitrate concentrations, the high risk crops grown on this property, the total acreage, and the pro...
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. Applying a 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. 0.15 Applying a Potential for Harm factor of 2 and an Extent of Deviation of major results in a factor of 0.15 for Violation 2. (Table 2, page 15 of the Enforcement Policy) Days of Violation: 1 Evidence was found of a discharge occurring during a reported storm event on February 28, 2014.
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). Multiple day violations days reduction: 18 days 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 Initial Liability: $10,000/day X 18 days X .55 = $99,000.
Per Day Factor. 0.55 In accordance with Table 3 of the Enforcement Policy, the per day factor for Violation 4 is 0.55.
