Ability to Pay and Continue in Business. The CWC and the Enforcement Policy require the Water Boards to consider a discharger’s ability to pay and continue in business when imposing administrative civil liabilities. In this matter, the Discharger is an ongoing public entity with the ability to raise revenue to satisfy the proposed liability through the imposition of fees and taxes. In addition, a review of the Los Angeles County Sanitation Districts’ 2022 Annual Comprehensive Financial Report shows that the Discharger has a net position of over $1.9 billion; as of April 30, 2023, the Discharger has $466 million in total cash and investments. Based on publicly available information, the Discharger has the ability to pay and continue in business.
Ability to Pay and Continue in Business. The Discharger has the ability to pay the administrative civil liability and there are no factors under this category that warrant an adjustment.
Ability to Pay and Continue in Business. Lehigh has the ability to pay the proposed penalty amount and continue in business. Lehigh has presented no evidence to contest the proposed liability, or other possible penalties.
Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. The City of Marysville is a public entity with the ability to raise revenue. The City’s 2015-2016 budget is $14.1 million.
Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. The ability of a discharger to pay an administrative civil liability is determined by its income (revenues minus expenses) and net worth (assets minus liabilities). According to the Discharger’s Financial Statement and Independent Auditor’s Report for the Fiscal Year Ended June 30, 2018, the Discharger has the ability to pay the proposed administrative civil liability despite having more expenses than revenue because it has significantly more assets than liabilities for a net worth of approximately $338,000,000. Given this, the Discharger has the ability to pay the penalty and remain in business.
Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liabilities. According to bond information from the California Community Development Authority, the Gold Country Village project is estimated to cost $9,599,377 to construct. The proposed liability is 1.3% of the cost of the Project. Water Board staff has no information that the proposed liability would result in undue hardship which would affect the Discharger’s ability of continue in business; therefore, the combined Total Base Liability Amount was not adjusted for the Discharger’s ability to pay.
Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liabilities. Caltrans is a California state agency with an annual budget of over $12 billion. Given this information, the combined Total Base Liability Amount was not adjusted for the Discharger’s ability to pay.
Ability to Pay and Continue in Business. The ability to pay and to continue in business must be considered when assessing administrative civil liability. According to Vail Resorts Fiscal 0000 Xxxxxx Xxxxxxx and Full Year Results2, Vail Resorts’ total net revenue was $1,399.9 million for fiscal 2015 compared to $1,254.6 million in the prior fiscal year, an 11.6% increase. Given this, the Prosecution Team asserts that the discharger has the ability to pay the penalty and remain in business.
Ability to Pay and Continue in Business. The Central Coast Water Board determines a discharger’s ability to pay an administrative civil liability by its revenues and assets. The Water Board may adjust the Total Base Liability amount if sufficient financial information is available to assess the Discharger’s ability to pay the Total Base Liability amount or the effect of that amount on the Discharger’s ability to continue in business. To assess the Discharger’s ability to pay, the Prosecution Team reviewed the City of Xxxxxx Xxxx Comprehensive Annual Financial Report for the Year Ended June 30, 2017 (2017 CAFR), as publicly available from the Discharger’s website. Prosecution Team evaluation of this factor based on the Discharger’s 2017 CAFR (pages 5, 9, and 21) indicated the Discharger is projected to have $87,224,487 in unrestricted assets available to meet ongoing obligations. These figures appear to indicate the Discharger’s ability to pay the proposed penalty. Therefore, no adjustment is proposed.
