Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm that may result from exposure to the pollutants in the illegal discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the potential for harm to beneficial uses; (2) the degree of toxicity of the discharge; and (3) whether the discharge is susceptible to cleanup or abatement.
Potential for Harm for Discharge Violations. This factor is not applicable because those violations are non-discharge violations.
Potential for Harm for Discharge Violations. This factor does not apply to these violations.
Potential for Harm for Discharge Violations. The Prosecution Team is not alleging a discharge violation; therefore, the evaluation of this factor has been omitted from the following calculation.
Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm that may result from exposure to the pollutants in the illegal discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the potential for harm to beneficial uses; (2) the degree of toxicity of the discharge; and (3) whether the discharge is susceptible to cleanup or abatement. Factor 1: Harm or Potential Harm to Beneficial Uses. This factor evaluates direct or indirect harm or potential for harm from the violation. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). The designated beneficial uses of Rattlesnake Creek, Big Jackass Creek and Moccasin Creek that could be impacted by the unauthorized discharge include municipal and domestic supply; agricultural supply; power generation; water contact recreation; noncontact water recreation; warm freshwater habitat; cold freshwater habitat; and wildlife habitat. Warm and cold freshwater habitats were the beneficial uses most obviously affected by the discharge from Priest Reservoir. DGF staff reported muddy deposits in the impacted reaches of the creeks extending 5.3 miles from Priest Reservoir. In general, the number of benthic individuals and taxonomic diversity was significantly less in areas of the creeks affected by the discharge than observed in areas of the reference reaches not affected by the discharge. Dead and stranded fish were also observed below Priest Dam. The discharge occurred for five days during a period of low natural flow in the creeks, so dilution was not available to moderate the impact of the discharge. According to the Discharger, sediment-laden water was only discharged the last two days of the event. Preliminary results of the site inspection conducted in February 2012 indicate the impacts of the release were still apparent in the benthic community two months after the discharge. The observed harm to beneficial uses was determined to be “Above Moderate” and a score of 4 is assigned for this factor. Factor 2: The Physical, Chemical, Biological or Thermal Characteristics of the Discharge. A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material. “Potential receptors” are those identified considering human, environmental, and ecosystem expo...
Potential for Harm for Discharge Violations. This step is not applicable because the violation is a not a discharge violation.
Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm to beneficial uses that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three‐factor scoring system is used for each violation or group of violations: (1) the potential for harm to beneficial uses; (2) 1 The estimate of soil excavated from the streambed and placed in the streambed if taken from application for State Water Resources Control Board 401 Water Quality Certification submitted on November 14, 2012 on behalf of the Settling Respondents.
Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm to beneficial uses that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the degree of toxicity; (2) the actual or potential for harm to beneficial uses; and (3) whether the discharge is susceptible to cleanup or abatement. Factor 1: The Physical, Chemical, Biological, or Thermal Characteristics of the Discharge A score between 0 and 4 is assigned based on a determination of the risk or threat of the discharged material. In this case, a score of 2 was assigned. A score of 2 is defined as the chemical and/or physical characteristics of the “Discharged material poses a moderate risk or threat to potential receptors (i.e., the chemical and/or physical characteristics of the discharged material have some level of toxicity or pose a moderate level of concern regarding receptor protection).” Discharge of broken concrete debris poses a threat by raising the pH of downstream waters. The discharge of sediment poses a threat to potential downstream receptors by filling downstream water features needed to support aquatic habitat. Therefore, a score of 2 is appropriate. Factor 2: Harm or Potential Harm to Beneficial Uses This factor evaluates direct or indirect harm or potential for harm from the violation. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses is negligible (0) to major (5). In this case the potential harm to beneficial uses was determined to be moderate (i.e., a score of 3), which is defined as a “moderate harm or potential harm to beneficial uses. A score of moderate is typified by observed or reasonably expected potential impacts, but harm or potential harm to beneficial uses is moderate and likely to attenuate without appreciable medium or long term acute or chronic effects.” The Water Quality Control Plan for the Santa Ana River Basin, with updates from February 2008, June 2011, February 2016, and June 2019 (hereafter Basin Plan) designates beneficial uses, establishes water quality objectives, contains implementation plans and policies for protecting waters of the basin, and incorporates by reference plans and policies adopted by the State Water Resources Control Board. City Creek is tributary to Reach 5 of the Santa Ana River. City Cr...
Potential for Harm for Discharge Violations. This initial step for discharge violations is used to determine the actual or potential harm to the water body’s beneficial uses caused by the violation using a three-factor scoring system to quantify: (1) the degree of toxicity of the discharge; (2) the actual harm or potential harm to beneficial uses; and (3) the discharge’s susceptibility to cleanup or abatement for each violation or group of violations. Because actual harm is not always quantifiable due to untimely reporting, inadequate monitoring, and/or other practical limitations, potential harm can be used under this factor.
Potential for Harm for Discharge Violations. The “potential harm to beneficial uses” factor considers the harm that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the potential for harm to beneficial uses; (2) the degree of toxicity of the discharge; and (3) whether the discharge is susceptible to cleanup or abatement. Factor 1: Harm or Potential Harm to Beneficial Uses. This factor evaluates direct or indirect harm or potential for harm from the violation. A score between 0 and 5 is assigned based on a determination of whether the harm or potential for harm to beneficial uses ranges from negligible (0) to major (5). The Facility discharges domestic wastewater to Xxxxx Drain, a water of the United States, tributary to the San Joaquin River via Paradise Cut within the Sacramento – San Xxxxxxx Delta. The designated beneficial uses of Xxxxx Drain are described above in Violation 1. Discharges to surface water typically must be treated to a high standard to prevent adverse impacts to aquatic life and human health. Toxicity is the degree to which a substance can damage a living or non- living organism. Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a substructure of the organism, such as a cell or an organ. In this case, the discharge consisted of partially treated wastewater. The Facility routinely exceeds the NPDES permit’s chronic toxicity trigger level of 1 Toxic Unit Chronic (TUc) and according to the 27 March 2013 and 13 April 2015 Toxicity Reduction Evaluation (TRE) reports, one of the sources of toxicity in the Facility’s effluent is high salinity. The xxxxx which supply drinking water to the Xxxxx Vocational Institution’s inmates and staff contain high salinity. According to the Discharger’s SMRs, the Discharger violated the nitrate plus nitrite monthly average effluent limitation. The Discharger stated that high nitrate plus nitrite is due to damaged membrane bioreactor (MBR) modules, which decreases the detention time in the denitrification process resulting in high nitrate plus nitrite in the effluent. The drinking water Maximum Contaminant Level (MCL) is the maximum concentration of a chemical that is allowed in public drinking water. The established MCLs by the U.S. Environmental Protection Agency (EPA) for nitrate and nitrite are 10 mg/L a...
