Common use of Deviation from Requirement Clause in Contracts

Deviation from Requirement. major The alleged discharge of milk and propylene glycol was an unauthorized discharge prohibited by the General Permit. It did not coincide with rain and was not a stormwater discharge. The essential function of the General Permit prohibition was rendered ineffective. Adjustment for High Volume Discharges None There is no adjustment for high volume discharge. Adjustment for Multiple Day Violations None There is no adjustment for multiple days of violations. Initial Liability $30,800 The initial liability is calculated as follows: per-day factor (0.22), multiplied by the maximum per-day amount of liability allowed ($10,000), multiplied by the number of days of violation (14). Days of violation are assessed for November 5 and November 7 through 19. This assessment is based only on days of violation, not discharge volume, due to SSI's spill recovery and cleanup efforts. Culpability 1.3 SSI did not follow internal practice to keep storm drain valves closed until a predicted storm and only open the valves if the storm drain is empty or pumped out. The valves were open on or prior to November 5 and again on November 7 when storms were not forecasted and milk allegedly discharged from the storm drain system into ▇▇▇▇▇▇▇ Canyon Creek.