Total Base Liability Amount. Total Initial Liability x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Liability $838,592 x 1.2 x 0.75 x 1.0 = $754,732 Total Base Liability = $754,732 TOTAL BASE LIABILITY The combined base liability is $754,732.
Total Base Liability Amount. The Total Base Liability Amount is determined by multiplying the following: the Initial Liability, the degree of culpability factor, the history of violations factor, and the cleanup and cooperation factor. Total Base Liability Amount: Violation 1 $6,821,432 x 1.3 x 1.0 x 0.8 = $7,094,289 VIOLATION 2: Remaining Category 1 Spills From January 25, 2018 through September 6, 2022 Between January 25, 2018 and September 6, 2022, the Discharger reported 13 sanitary sewer overflows8 of untreated wastewater that entered surface waters. The Discharger has attributed these sanitary sewer overflows to operational and structural failures, including root intrusion, grease deposition, the presence of debris, and a lack of hydraulic capacity in the sewer. The 13 spills are listed in Table 2, below. Each incident is of similar magnitude and is therefore considered together instead of individually. 8 These 13 spills do not include the Carson spill (CIWQS Spill ID 878549) which is the subject of Violation 1, or the December 25, 2020 spill of 222,542 gallons from the sewage force main at the Long Beach Water Reclamation Plant (CIWQS Spill ID 871320). The Los Angeles Water Board reserves its right to undertake discretionary enforcement for the Long Beach spill. Table 2: Remaining Category 1 Spills which occurred between January 25, 2018 and September 6, 2022 SSO # AND EVENT ID SPILL START AND END DATES TOTAL DAYS COLLECTION SYSTEM SPILL LOCATION GALLONS DISCHARGED TO SURFACE WATER AND WATER BODY GALLONS RECOVERED FROM SURFACE WATER GALLONS DISCHARGED TO SURFACE WATER, LESS 1,000 GALLONS CAUSE OF SPILL LIABILITY AT $10,000/DAY LIABILITY AT $10/GALLON COMBINED MAXIMUM LIABILITY 1. 844340 1/25/2018- 1/25/2018 1 County Sanitation District Xx. 00 XX Xxxx Drive Extension Trunk 8,551 (Rio Hondo) 0 7,551 Vandalism – Debris (rocks/wood) $10,000 $75,510 $85,510 2. 845320 3/3/2018- 3/3/2018 1 County Sanitation District Xx. 0 XX Xxxxx Xxxxxxxxx- Xxxxxx Xxxxxx Trunk Extension 2 5,731 (Xxxxxxxxx Channel) 0 4,731 Debris from Construction $10,000 $47,310 $57,310 3. 855878 2/2/2019- 2/2/2019 1 County Sanitation District No. 2 CS District #2 Main Trunk Sewer 4,415 (Los Angeles River) 0 3,415 Other – heavy rain event outpaced the hydraulic capacity of the sewer due to inflow/infiltration. $10,000 $34,150 $44,150 4. 855879 2/2/2019- 2/2/2019 1 County Sanitation District Joint Outfall CS Joint Outfall B Unit 1C Replacement 3,964 (Los Angeles River) 0 2,964 Other – heavy rain event outpaced the hyd...
Total Base Liability Amount. The Total Base Liability Amount is determined by multiplying the following: the Initial Liability, the degree of culpability factor, the history of violations factor, and the cleanup and cooperation factor. Total Base Liability Amount: Violation 2 $246,529 x 1.1 x 1.0 x 1.0 = $271,182
Total Base Liability Amount. ($250) x (1.1) x (0.75) x (1.1) = $226.88 Total Base Liability = $226.88 Steps 6 through 10 Steps 6 through 10 apply to the Combined Total Base Liability Amount for all violations and are discussed in Exhibit F after the Total Base Liability Amounts have been determined for the remaining violations. EXHIBIT B LAHONTAN WATER BOARD PROSECUTION STAFF’S ALLEGATIONS AND WATER QUALITY ENFORCEMENT POLICY METHODOLOGY FOR VIOLATION NO. 2
Total Base Liability Amount. The combined Total Base Liability for Violations 1 through is $549,600, the sum of $78,000, plus $169,200, plus $40,300, plus $262,100.
Total Base Liability Amount. Total Base Liability = $1,651,312 (Initial Liability) x 1.2 (Culpability Multiplier) x 1.4 (Cleanup and Cooperation Multiplier) x 1.1 (History of Violations Multiplier) Total Base Liability = $3,051,625 Step 6 – Ability to Pay and to Continue in Business The Enforcement Policy provides that if the Water Board has sufficient financial information to assess the violator’s ability to pay the Total Base Liability, or to assess the effect of the Total Base Liability on the violator’s ability to continue in business, then the Total Base Liability amount may be adjusted downward if warranted. In this case, the Water Board Prosecution Staff has sufficient information to suggest Cal Water has the ability to pay the proposed liability. Cal Water is the largest subsidiary of the California Water Service Group, which is the third largest investor-owned water utility in the United States. Cal Water Group has more than 490,000 customers, more than $500 million in annual revenue, and more than $1.5 billion in gross utility plant assets, compared to $434 million in long-term debt, according to the corporation annual report. In 2013, Cal Water Group reported its annual net income of $47.254 million.5 The proposed liability is about 6 percent of this net income.
Total Base Liability Amount. The amount revised from the initial liability, $1,761,375.00 represents the Total Base Liability Amount.
Total Base Liability Amount. $604,200 (Initial Liability) x 1.1 (Culpability Multiplier) x 0.75 (Cleanup and Cooperation Multiplier) x 1.0 (History of Violations Multiplier) = Total Base Liability Total Base Liability = $498,465
Total Base Liability Amount. Total Initial Liability x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Liability Violation 1: $87,500 x 1.4 x 1.4 x 1.0 Total Base Liability = $171,500 Steps 6 through 10 are applied to the Combined Total Base Liability Amount for Violation 1 and will be discussed after the Total Base Liability amount has been determined for Violation 2. VIOLATION 2: DISCHARGE OF SEDIMENT-LADEN AND DEBRIS-LADEN STORM WATER TO CAJON CREEK, XXXXX CREEK, AND SANTA ANA RIVER REACH 5
