Total Base Liability. $8,179 0.22 (Per Day Factor) X 2 days X $10,000 per day (Statutory Max) X 1.3 (Culpability) X 1.3 (Cleanup and Cooperation) X 1.1 (History of Violations) = $8,179. Statutory maximum is $20,000.
Total Base Liability. $16,940 Violation 6: 0.55 (Per Day Factor) X 2 day X $10,000 per day (Statutory Max) X
Total Base Liability. $2,800 (Initial ACL Amount) X 1.3 (Degree of Culpability) X 1.0 (History of Violations) X 1.2 (Cleanup and Cooperation) = $4,368 Violation 2: Failure to implement covers and berms for soil stockpiles not in use Attachment D, section B.1.b. of the General Permit requires the Discharger to cover and berm loose stockpiled construction materials that are not actively being used (i.e. soils, spoils, aggregate, fly-ash, stucco, hydrated lime, etc.). On April 13, May 4, May 9, May 23, and August 16, 2018, Regional Board staff inspected the Site. Regional Board staff observed soil stockpiles without covers or berms while not in use. During each inspection, Regional Board staff observed different soil stockpiles without covers or berms while not in use.
Total Base Liability. Initial Liability x Culpability Multiplier x History of Violations Multiplier x Cleanup and Cooperation Multiplier = Total Base Liability $237,800 x 1.3 x 1.0 x 1.0 = $309,140 Step 6 - Ability to Pay and Ability to Continue in Business CCFG, Caltrans, and the City have the ability to pay a penalty of $309,140. Caltrans is a state agency with a budget of $14.6 billion for the 2019-2020 fiscal year. The City has an estimated revenue of $4 million in the 2018- 2019 fiscal year. In 2018, the City’s reserve balance was over $1 million. CCFG has an annual revenue of $1 million to $2.5 million and employs a staff of approximately four people, based on information available on the internet.
Total Base Liability. The Total Base Liability amount for the alleged violation is calculated by multiplying the initial amount by the adjustment factors: Total Base Liability = (Initial Liability from Step 2) x (Degree of Culpability Factor) x (History of Violations Factor) x (Cleanup and Cooperation Factor). The Total Base Liability amount for the alleged violation is $800. $800 (Initial Liability from Step 2) X 1.5 (Culpability) X 1.0 (History of Violations) X 1.3 (Cleanup and Cooperation) = $1,560 Total Base Liability Amount: $1,560
Total Base Liability. Initial Liability x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Liability $1,277,781 x 1.3 x 1.2 x 1.4 = $2,790,674 See the history of violation rationale for Violation 1. A factor of 1.4 is appropriate. Therefore, the total penalty for the effluent limitation violations is calculated as: Violation #3: Failure to Properly Operate and Maintain Facilities and Systems Background for Violation #3: Standard Provision I.D of WDRs Order R5-2014-0014-01 states in part: “The Discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with the conditions of this Order . . .This provision requires the operation of backup or auxiliary facilities or similar systems that are installed by a Discharger only when necessary to achieve compliance with the conditions of this Order.” The Discharger has delayed upgrades and maintenance to the wastewater treatment plant thereby further causing pollution to the Xxxxx Drain. In particular, the CAO required that the Discharger replace the MBR modules by 31 March 2016. However, as of 1 May 2016, the modules have not been replaced.
Total Base Liability. Initial Liability x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Liability $1,277,781 x 1.3 x 1.2 x 1.4 = $2,790,674 Violation #3: Failure to Properly Operate and Maintain Facilities and Systems Background for Violation #3: Standard Provision I.D of WDRs Order R5-2014-0014-01 states in part: “The Discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with the conditions of this Order . . .This provision requires the operation of backup or auxiliary facilities or similar systems that are installed by a Discharger only when necessary to achieve compliance with the conditions of this Order.” The Discharger has delayed upgrades and maintenance to the wastewater treatment plant thereby further causing pollution to the Xxxxx Drain. In particular, the CAO required that the Discharger replace the MBR modules by 31 March 2016. However, as of 1 May 2016, the modules have not been replaced.
Total Base Liability. $444,589 The Total Base Liability Amount is determined by multiplying the following: the Initial Liability Amount, the degree of culpability factor, the history of violations factor, and the cleanup and cooperation factor. Total Base Liability Amount = $367,429 x 1.1 x 1.0 x 1.1 = $444,589
Total Base Liability. Alleged Violation 1 $183,106 The Enforcement Policy factors are discussed below.
Total Base Liability. Alleged Violation 2 $310,310 1 This is the date of the previous potable water discharge from the Lehigh facility, which was the subject of separate enforcement.
