Violation 1 definition

Violation 1. The culpability multiplier is decreased at 0.9. A lower culpability is appropriate because the discharge resulted due to a heavy storm event (i.e., up to 4.5 inches of rainfall in 36 hours), which was the second wettest December on record for the San Xxxx area, causing electrical failure to one of the two new crusher sump pumps, and the single pump was unable to keep up with the storm runoff inflow. The storm runoff also inundated a power pole, which caused a safety hazard. Lehigh temporarily shut off the power to the entire area to prevent the live power lines from striking the ground should the power pole fall.
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Violation 1. The culpability multiplier is 1.3 because CalAtlantic submitted a notice of intent to comply with the Permit and was aware of Permit Attachment D, section A.1.b, which requires the discharger to “…minimize or prevent pollutants in storm water discharges and authorized non-storm water discharges through the use of controls, structures, and management practices….” CalAtlantic did not take reasonable and prudent actions to prepare the Site for the 2018/2019 wet season and ensure that stormwater discharges from the first rainstorm were not polluted. This is the third consecutive year that the Site was inadequately prepared for the first rains. Water Board staff had many discussions with CalAtlantic about reducing sediment-laden runoff over the two prior wet seasons, as discussed further below for violations 2 through 4. Violations 2 through 4: The culpability multiplier is 1.2 because CalAtlantic submitted a notice of intent to comply with the Permit and was aware of requirements in Attachment D, sections D.2 and E.1 through E.3, for soil cover in inactive areas (Violation 2), perimeter controls (Violation 3), and erosion and sediment controls for active areas (Violation 4). CalAtlantic did not take reasonable and prudent actions to prepare the Site for the 2018/2019 wet season, failing to install or maintain adequate erosion and sediment controls. Water Board staff had many discussions with CalAtlantic Settlement Agreement and Stipulated Administrative Civil Liability Exhibit A CalAtlantic Group, Inc. about installing and maintaining effective erosion and sediment controls, including letters about erosion and sediment control violations during the 2016/2017 and the 2017/2018 wet seasons. Communications included notices of violations and inspection reports dated October 14, 2016, April 26, 2017, July 26, 2017, and May 30, 2018; discussions during field inspections with CalAtlantic and ENGEO personnel; and meetings over the course of the three wet seasons.
Sample 1
Violation 1. The culpability multiplier is increased at 1.2. Polluted storm runoff occurred because MDI did not implement and/or improperly implemented the BMPs described in its approved SWPPP for the Maritime Facility, despite being informed of BMP requirements and receiving multiple notices from Regional Water Board staff. On the days of discharge, there were large piles of bark, wood debris, and soil throughout the site. Silt fencing was not installed at all the locations described in the SWPPP, and it was not anchored into the ground where it was installed. Straw wattles and sandbags were not installed at all the locations described in the SWPPP, and straw wattles and sandbags that were installed were out of place and not effective at controlling or filtering stormwater flowing off the site. A rocky egress was installed but the amount of wood bark waste and associated debris that mixed with and covered the rocks, rendered the rocky egress ineffective. BMPs were installed ineffectively at all storm drain inlets at the site and turbid stormwater was flowing into all storm drain inlets at the site. Additionally, prior to the December 11 and 19, 2014, discharges, Regional Water Board staff inspected the MDI facility and worked with MDI staff during September and October 2014 to help ensure that the SWPPP for the site was sufficient to comply with 1997 General Permit requirements. Despite Regional Water Board staff’s efforts to work with MDI to develop an adequate SWPPP, MDI failed to properly implement the approved SWPPP. The SWPPP lists the removal of bark as an existing BMP. During the December 2014 inspections, Regional Water Board and Prosecution Team staff documented the substantial amount of wood debris and bark throughout the MDI site. Regional Water Board staff provided sufficient information and assistance to MDI staff for MDI to understand that failure to implement the SWPPP would result in the discharge of polluted stormwater. The culpability multiplier is increased at 1.3 for both minimum BMP violations because MDI showed a willful indifference to complying with 2014 General Permit minimum BMP requirements. MDI stated it moved to the Murmansk Facility to be away from the drainage problems at the Maritime Facility. It also stated in its October 28, 2015, SWPPP that debarking activities would not occur at the Murmansk Facility. But MDI continued with its debarking operations and continued to inadequately implement and maintain BMPs despite clear requirements ...
Sample 1

Examples of Violation 1 in a sentence

  • In addition, the Council may consider imposing a Violation 1 penalty pursuant to 3200.100.

  • Upon receipt of a Notice of Zoning Violation, the owner of the Subject Property may, not later than the deadline established in the Notice of Zoning Violation: 1) take corrective action; 2) file for a variance, special exception, rezoning, or other land use petition to resolve the violation, or; 3) file an appeal of the Notice of Zoning Violation with the Johnson County Board of Zoning Appeals (the “BZA”), which appeal shall be docketed for the next available regularly scheduled hearing of the BZA.

  • This Agreement provides for the resolution of Count 1, Systemic Violation 1 of Plaintiffs’ complaint filed in the Case (Dkt.

  • Plus 25 hours of community service Third Violation: 1 calendar year (from date of infraction) Plus 150 hours of community service Fourth Violation: Permanent ineligibility Consequences for students involved in other activities: The school principal/designee will be responsible for enforcing penalties under this policy.

  • These Procedures offer two forms of resolution for reports of a Sexual Misconduct Violation: (1) Formal Resolution, which involves investigation, and review and sanction (if applicable) by an Adjudicator as described below; and (2) Alternative Resolution as described below, which includes a variety of informal options for resolving reports.

  • Plus 25 hours of community serviceThird Violation: 1 calendar year (from date of infraction) Plus 150 hours of community service Fourth Violation: Permanent ineligibility Consequences for students involved in other activities:The school principal/designee will be responsible for enforcing penalties under this policy.

  • Accordingly, Respondents’ skeletal estoppel defense is denied.B. Determination of Violation 1.

  • The following persons are parties to an adjudicative proceeding to resolve a challenge to an Initial Order or Notice of Violation: (1) the person to whom the Initial Order or Notice of Violation was directed; (2) the Director who issued an Initial Order or Notice of Violation; and (3) any person to whom the ALJ has granted intervention under R305-7-304.

  • In this section, we abandon the mechanism of partial compositeness to suppress flavor transitions of composite Higgs models and show that if the strong sector has trivial flavor structure, it is possible to realize the hypothesis of Minimal Flavor Violation [1, 2].

  • Potential Consequences Following a Finding of a Policy Violation 1.


More Definitions of Violation 1

Violation 1. The Regional Board alleges that Xxxxxx violated Construction General Permit Attachment D, Provision E.3 by not installing erosion control Best Management Practices (BMPs) in active construction areas during rain events. The violations occurred over a period of 8 days during rain events between 25 March 2014 and 25 April 2014.
Sample 1
Violation 1. SSO OCCURRING ON 24 – 25 OCTOBER 2021
Sample 1
Violation 1. The Prosecution Team alleges that the City violated Discharge Prohibition III.A of WDRs R5-2014-0007 by discharging wastewater at a location or manner different from that described within the WDRs. This violation occurred when the City bypassed the filtration and UV disinfection portions of the Facility.
Sample 1

Related to Violation 1

  • Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is provided.

  • Violation Ticket means a violation ticket as defined in the Provincial Offences Procedures Act (Alberta).

  • Violations shall have the meaning assigned to such term in Section 6(a).

  • Serious violation means OCC has made a valid finding when assessing a serious complaint that alleges:

  • Serious traffic violation means a conviction when operating a commercial motor vehicle of:

  • Violator means probationer, parolee, or work releasee not having community status revoked but found to have violated conditions of supervision by the appropriate jurisdiction having statutory authority to revoke.

  • Remedy a Violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

  • Minor violation means a violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, county or state enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.

  • Restrictive Covenant Violation means the Participant’s breach of the Restrictive Covenants listed on Appendix A or any covenant regarding confidentiality, competitive activity, solicitation of the Company’s vendors, suppliers, customers, or employees, or any similar provision applicable to or agreed to by the Participant.

  • Serious assault means an act that constitutes a felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of serious or aggravated injury under section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.

  • Wildlife violation means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

  • Behavioral violation means a student’s behavior that violates the district’s discipline policies.

  • Repeat violation means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil violation has been issued

  • Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Non-Compliance means failure/refusal to comply the terms and conditions of the tender;

  • Violent felony means the same as that term is defined in Section 76-3-203.5.

  • Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

  • Unwarranted failure to comply means the failure of a permittee to prevent the occurrence of any violation of the permittee's permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.

  • Environmental Violation means any activity, occurrence or condition that violates or results in non-compliance with any Environmental Law in any Material respect.

  • Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.

  • Market Violation means a tariff violation, violation of a Commission-approved order, rule or regulation, market manipulation, or inappropriate dispatch that creates substantial concerns regarding unnecessary market inefficiencies, as defined in 18 C.F.R. § 35.28(b)(8).

  • integrity violation means any act which violates the anticorruption policy including corrupt, fraudulent, coercive, or collusive practice, abuse, and obstructive practice;

  • Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of

  • Deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

  • Drug-free workplace means a site for the performance of work done in connection with a specific contract at which the employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.