Common use of Culpability Clause in Contracts

Culpability. A factor of 1.4 is appropriate for this violation; the same factors described for Violation No. 1 are applicable to this violation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier when there is a lack of cooperation. The Discharger was given a multiplier value of 1.3 because of the cooperation exhibited by the Discharger to return into compliance. Water Board staff conducted several inspections prior to the first discharge event reminding the Discharger of the storm water BMP requirements including erosion and sediment controls at the Mono East abutment as soon as possible. Effective erosion and sediment control BMPs were not installed in active areas prior to rain events between 16 October 2012 and 3 December 2012 which contributed to the turbid discharge cited in Violations 1 and 2 (above) during these rain events.

Culpability. A factor of 1.4 is appropriate for this violation; the same factors described for Violation No. 1 are applicable to this violation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier when there is a lack of cooperation. The Discharger was given a multiplier value of 1.3 because of the cooperation exhibited by the Discharger to return into compliance. Water Board staff conducted several numerous inspections prior to the first discharge event reminding the Discharger of the storm water BMP requirements including erosion and linear sediment controls at the Mono East abutment as soon as possible. Effective erosion and linear sediment control BMPs were not installed in active areas prior to rain events between 16 October 2012 and 3 December 2012 29 January 2013 which contributed to the turbid discharge cited in Violations 1 and 2 (2, above) during these rain events.