- Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2.
- Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability Total = Per Day X Assessment No. of X Culpability X Days Cleanup & X Cooperation History of Violations Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require.
- Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2. The Discharge Violations ‐ Total Base Liability Amount ($93,000) x (1.1) x (1.1) x (1) = $112,530 Total Base Liability = $112,530
- Determination of Total Base Liability Amount. The Total Base Liability is the sum of the liabilities for Violations 1 through 3. Total Base Liability Amount $ 90,629 (Violation 1) + $2,790,674 (Violation 2) + $300,000 (Violation 3) = $3,181,303
- Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment No. of X Culpability X Days Cleanup & X Cooperation History of Violations Total Base Liability = ($2,200) X (1) X (1.5) X (1.0) X (1.0) = $3,300 Step 6 - Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Step 8 - Economic Benefit The Discharger derived an economic benefit by not plugging up the two basin drains and pumping out the ponded storm water runoff for off-site disposal. It is estimated that the labor and materials necessary to plug the two basin drains is $500. The estimated cost to pump out the two basins and dispose of the ponded storm water runoff offsite is $450 based upon an invoice provided by the Discharger. Using the U.S. EPA BEN Model the Discharger enjoyed an economic benefit of $973. See Exhibit No. 7, Economic Benefit Calculation and Supporting Documentation.
- Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment No. of X Culpability X Days Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Step 8 - Economic Benefit Discharger achieved an economic benefit of $4,626 by not applying an erosion control BMP (e.g., spraying of bonded fiber matrix) on the finished areas. Bonded fiber matrix costs approximately $3,9015 per acre to install. Assuming that one acre was inactive, the cost would be $3,901. The economic benefit of not spraying the bonded fiber matrix is $4,626. See Exhibit No. 7, Economic Benefit Calculation and Supporting Documentation.
- Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment No. of Days X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Step 8 - Economic Benefit Discharger achieved an economic benefit of $497 by not implementing run- on/runoff controls. The Discharger could have used 25 foot long eight inch diameter fiber rolls or straw wattles to protect the approximately 480 feet perimeter. With an overlap of one foot on each side, twenty 25 foot long wattles were needed. At a cost of $24.09 per xxxxxx, the XXX computer model calculates an economic benefit of $497. See Exhibit No. 7, Economic Benefit Calculation Violation and Supporting Documentation.
- Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment No. of Days X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Step 8 - Economic Benefit Discharger achieved an economic benefit of $2,314 for not covering the inactive large stockpile. Bonded fiber matrix could have been used to cover the stockpile. Bonded fiber matrix costs approximately $3,9016 per acre to install. Assuming that one-half acre was inactive, the cost would be $1,951. The economic benefit of not spraying the bonded fiber matrix is $2,314. See Exhibit No. 7, Economic Benefit Calculation Violation and Supporting Documentation.
- Determination of Total Base Liability Amount. The Total Base Liability Amount (i.e. initial amount of liability) is determined by multiplying the Per Day Assessment by the Days of Violation and then applying the adjustment factors as follows: Gallons Discharged Assessment2 Adjusted Gallons Discharged x Per Gallon Factor x Statutory Max x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Gallon Liability December 28, 2020 (12,582 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $50,590 January 29, 2021 (20,628 – 1,000) x 0.15 x $10 x 1.2 x 1.0 x 1.3 = $45,930 March 3, 2021 (1,129 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $563 March 15, 2021 (2,955 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $8,539 October 25, 2021 (20,208 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $83,901 December 14, 2021 (79,313 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $342,071 December 27, 2021 (15,257 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $62,275 2 When discharges occurred from both discharge points, a single 1,000 gallons is deducted from the volume. This accurately reflects the permit requirement and does not delete 1,000 gallons from each discharge point which would favor the discharger. If there was a discharge at both discharge points, a single day of violation is assessed. March 28, 2022 (11,389 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $45,379 Total: $639,248 Days Discharged Assessment Days of Violation x Per Day Factor x Statutory Max x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Liability For 1 day of Violation on January 29, 2021 1 x 0.15 x $10,000 x 1.2 x 1.0 x 1.3 = $2,340 For the rest of the days of violations (7 days of violation) 7 x 0.28 x $10,000 x 1.2 x 1.0 x 1.3 = $30,576
- Determination of Total Base Liability Amount. The Total Base Liability amount for the violations is calculated by multiplying the initial amount by the adjustment factors for each violation: (Initial Liability) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). Where multiple violations or violation types are considered, the calculated amounts are added together. The applicable Total Base Liability amount for Violations 1 – 8 is $91,964 as calculated below: Violation Number Total Base Liability 1 $2,800 x 1.1 x 1.1 x 1.0 = $3,388 2 $3,300 x 1.1. x 1.2 x 1.0 = $4,356 3 $12,400 x 1.2 x 1.3 x 1.0 = $19,344 4 $7,600 x 1.3 x 1.2 x 1.0 = $11,856 5 $10,000 x 1.2 x 1.2 x 1.0 = $14,400 6 $7,600 x 1.2 x 1.2 x 1.0 =$10,944 7 $7,600 x 1.1 x 1.1 x 1.0 =$9,196 8 $14,000 x 1.2 x 1.1 x 1.0 =$18,480 Combined Total Base Liability = $91,964 Step 6. Ability to Pay and Continue in Business The 2017 Enforcement Policy clarifies that the Discharger’s ability to pay an administrative civil liability is determined by its income (revenues minus expenses) and net worth (assets minus liabilities). The 2017 Enforcement Policy further clarifies that the Water Boards are under no obligation to ensure that a discharger has the ability to pay or continue in business; rather, these are factors that must be considered when imposing an administrative civil liability. The Total Base Liability amount may be adjusted to address ability to pay or to continue in business if the Central Coast Water Board has sufficient financial information necessary to assess the Discharger’s ability to pay the Total Base Liability amount or to assess the effect of the Total Base Liability Amount on the Discharger’s ability to continue in business. To assess the Discharger’s ability to pay, the Prosecution Team reviewed publicly available financial information. The Discharger’s 2016 TNA Report indicates that the Discharger harvested 1,060 acres of broccoli in 2016. The 2016 Annual Report for the County of San Xxxx Obispo found the gross value of broccoli per acre as $5,424.6 Crop values per-acre in San Xxxx Obispo County are typically lower than in Santa Xxxxxxx County. Additionally, the Discharger recently formed a joint venture with another entity and is now growing celery, lettuce, and cauliflower instead of broccoli. Generally, celery, lettuce, and cauliflower have a higher crop value per-acre than broccoli. A conservative estimate of the value of the Discharger’s crop is $5,749,440 (1,060 acres of broccoli multiplied by $5,424 per acre)....
