PER GALLON DETERMINATION FOR DISCHARGE VIOLATIONS Sample Clauses

PER GALLON DETERMINATION FOR DISCHARGE VIOLATIONS. The potential for harm factor is 5. This is determined by the sum of the factors for a) the potential for harm to beneficial uses (2); b) the physical, chemical, biological or thermal characteristics of the discharge (3); and the susceptibility for cleanup or abatement (0). Four SSOs occurred on June 6, 2010; June 17, 2010; July 5, 2010; and July 15, 2010, respectively. (See Table 1, Attachment A.) An SSO is a discharge of raw, untreated sewage that can cause a public nuisance and adversely affect public health and water quality. The City self-reported in CIWQS that root and/or debris blockages and a pipe failure caused the SSOs. As a result of these four SSOs, it is alleged that approximately 71,100 gallons of raw sewage discharged to waters of the State and/or the United States, of which the City recovered approximately 10,100 gallons. Approximately 61,000 gallons, of raw sewage reached or remained in creeks or creekbeds that are tributaries of central San Francisco Bay, a water of the State and the United States. Raw sewage, as compared to properly treated wastewater, typically has over ten times the concentrations of biochemical oxygen demand, trash, total suspended solids, oil and grease, ammonia, and over a thousand times the levels of viruses and bacteria (measured in terms of total and fecal coliform). These pollutants exert varying levels of impact on water quality, and, as such, will adversely affect beneficial uses of receiving waters to different extents. The deviation from requirements is major because all four SSOs reached surface waters, which rendered Prohibition A.1. set forth in Order No. R2-2004-0012 of the City’s NPDES Permit, ineffective. The Prosecution Team used the statutory maximum of $10 per gallon to calculate the proposed administrative civil liability because all four SSOs were dry weather discharges.
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