Common use of Potential for Harm Clause in Contracts

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm. As mentioned above, the discharges from the Site discharge indirectly from the Site into Xxxxxx Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of Xxxxxx Simi are listed in Violation 1. During Regional Board staff inspections, Regional Board staff observed that the Discharger failed to effectively implement perimeter controls. Failure to properly implement sediment controls could lead to sediment discharge in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for this violation is characterized as Moderate.

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm. .” As mentioned above, the discharges from the Site discharge indirectly from the Site into Xxxxxx Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of Xxxxxx Simi are listed in Violation 1. During Regional Board staff inspections, Regional Board staff observed that the Discharger failed to effectively implement perimeter erosion control BMPs or linear sediment controls. Failure to properly implement erosion control BMPs or linear sediment controls could lead to sediment discharge in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for this violation these violations is characterized as Moderate.

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm. .” As mentioned above, the discharges from the Site discharge indirectly from the Site into Xxxxxx Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of Xxxxxx Simi are listed in Violation 1. During Regional Board staff inspections, Regional Board staff observed that the Discharger failed to effectively implement perimeter controlscovers or berms for loose stockpiled soil that was not actively being used. Failure to properly implement sediment controls provide covers or berms for loose stockpiled soil could lead to sediment discharge discharges in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for this violation is characterized as Moderate.

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm. .” As mentioned above, the discharges from the Site discharge indirectly from the Site into Xxxxxx Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of Xxxxxx Simi are listed in Violation 1. During the City and Regional Board staff inspections, Regional Board staff inspectors observed that sediment control BMPs for the Discharger failed to access gate had not been effectively implement perimeter controlsimplemented at the Site. As a result, sediment was tracked onto the street. Failure to properly implement provide proper sediment controls control at the access gate could lead to sediment discharge in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for this violation Violations 3-4 is characterized as Moderate.