Initial Liability Amount. The Per Gallon Assessment and the Per Day Assessment are added together to become the Initial Liability Amount for Violation 2. Initial Liability Amount for Violation 2: $210,129 + $36,400 = $246,529
Initial Liability Amount. The initial liability for Violation 1 is calculated on a per-day and per-gallon basis is as follows:
Initial Liability Amount. The Enforcement Policy allows for an adjusted maximum per gallon assessment for “High Volume Discharge.” This discharge qualifies as a high volume discharge because it is similar to recycled water and reducing the maximum amount does not result in an inappropriately small penalty. So, a maximum $1 per gallon is used to determine the initial liability. The initial liability for the violation is calculated on a per-gallon and per- day basis as follows: Per Gallon Liability: (8,206,560 gallons) x (0.2) x ($1/gallons) = $1,641,312 Per Day Liability: $10,000/day x (0.2) x (5 days) = $10,000 Total Initial Liability = $1,651,312
Initial Liability Amount. The initial liability amount for the violations calculated on a per-day basis is as follows: Violation, Failure to File Monitoring Reports: $1,000/day x 66 days x 0.55 = $36,300 Step 4.
Initial Liability Amount. The initial liability amounts for the violations calculated on a per‐gallon and per‐day basis, are as follows: Per Day Liability:
Initial Liability Amount. Water Code section 13385, subdivision (c), authorizes the Regional Water Board to impose an administrative civil liability of up to $10,000 for each day of violation and $10 for each gallon discharged but not cleaned up in excess of 1,000 gallons.
Initial Liability Amount. The initial liabilities for Violations 2 through 4 are calculated on a per-day basis is as follows: Violation 2: Initial liability equals $117,500, calculated as $10,000 per day times the per-day factor of 0.25 times 47 days. Violation 3: Initial liability equals $28,000, calculated as $10,000 per day times the per- day factor of 0.35 times 8 days. Violation 4: Initial liability equals $182,000, calculated as $10,000 per day times the per-day factor of 0.35 times 52 days. The Enforcement Policy allows for discretionary adjustments to the amount of days of violation for multiple days of the same violation. No adjustments were made to the initial liabilities for these violations.
Initial Liability Amount. The initial liability amounts for the violation calculated on a per-day basis are as follows: Violation 1: 25 days x $10,000 x 0.35 Total Initial Liability = $87,500 Step 4 – Adjustment Factors Three additional factors to be considered for modification of the amount of initial liability are the violators’ culpability, efforts to clean up or cooperate with regulatory authority, and the violators’ compliance history.
