Common use of Deviation from Requirement Clause in Contracts

Deviation from Requirement. major The violations were a major deviation from the Permit’s effluent limitations. Effluent analysis results, received after the discharge, indicated that the treatment system used to treat contaminated groundwater prior to discharge was insufficient to be protective of receiving waters. The Discharger should have held effluent onsite until sampling results were available. The Discharger disregarded the regulatory program by discharging insufficiently treated groundwater to Ravenswood Slough without first receiving results of effluent sample analysis. Adjustment for High Volume Discharges $3/day A per-gallon liability of $3, rather than the maximum of $10, is appropriate because the discharge volume was over 100,000 gallons and this assessment would not result in an inappropriately small penalty. Using $3 per gallon results in a suitable deterrent and bears a reasonable relationship to the gravity of the violation. Days of Violation 8 According to the Discharger’s Self-Monitoring Report for the period of January 1, 2021, through June 30, 2021, the discharge occurred from January 6 through 13, 2021, a period of 8 days. Initial Liability $100,000 The initial liability is calculated as follows: per-gallon factor multiplied by gallons discharged to surface water (minus 1,000 gallons) multiplied by maximum per-gallon liability (as adjusted above), plus per-day factor multiplied by maximum per-day liability ($10,000) multiplied by number of days of discharge. Pursuant to the Enforcement Policy, the per-gallon and per-day factors are both 0.08. Initial Liability: $100,000 = (0.08 x 390,000 gal x $3/gal) + (0.08 x $10,000/day x 8 days)