Maximum and Minimum Liability Amounts Clause Samples

Maximum and Minimum Liability Amounts. Pursuant to Water Code section 13385 the maximum civil liability that the San Diego Water Board may assess for this violation is ten thousand dollars ($10,000) per day of violation (per violation). In this instance, the Prosecution Team is proposing the assessment of civil liability for the failure to implement Entrance Tracking BMPs for one (1) day. The maximum civil liability that could be assessed for this violation is ten thousand dollars ($10,000). Water Code section 13385(e) requires that when pursuing civil liability under section 13385, "[a]t a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation." The Enforcement Policy requires that the adjusted Total Base Liability shall be at least ten percent (10%) higher than the economic benefit. Therefore, the minimum liability is (1.1 x $1,119) = $1,231.

Maximum and Minimum Liability Amounts. Maximum Liability Amount: The maximum liability is found in CWC section 13385 subdivision (c) and is $10,000 per day of violation plus $10 per gallon multiplied by the number of gallons discharged but not cleaned up over 1,000 gallons. The statutory maximum for Violation 1 is $85,087,900 based on two days of violation and a discharge of 8,507,790 gallons. The statutory maximum for Violation 2 is $880,460 based on 13 days of violation and a discharge of 75,046 gallons discharged to a water of the United States, less 1,000 gallons, and was not recovered. The combined total maximum liability for the two violations is $85,968,360. Minimum Liability Amount: CWC section 13385, subdivision (e) requires that, at a minimum, the economic benefit derived from the violations be recovered. The statutory minimum liability amount for Violations 1-2 is equal to the economic benefit of $4,594. The Enforcement Policy requires the Water Boards to recover 10% greater than the economic benefit. The economic benefit derived from the violations addressed in this matter is $5,053. Therefore, the minimum under the Enforcement Policy is $5,053.

Maximum and Minimum Liability Amounts. The Enforcement Policy directs the Regional Board to consider maximum and minimum liability amounts set forth in the applicable statutes.

Maximum and Minimum Liability Amounts. The maximum liability provided for by statute is $350,000 and the minimum liability amount required by the Enforcement Policy is $2,346 (Economic Benefit + 10%). The Enforcement Policy requires that the discretionary administrative civil liability must not exceed the maximum liability amount nor be less than the minimum liability amount. Because the proposed liability is $5,906.25 , and it is greater than the economic benefit, the liability does not need to be adjusted to fall within the maximum and minimum liability amounts.

Maximum and Minimum Liability Amounts. The maximum and minimum amounts must be determined for comparison to the proposed liability.

Maximum and Minimum Liability Amounts. Maximum Liability: The maximum administrative liability amount pursuant to Water Code sections 13385 is $10 per gallon discharged for every gallon over 1,000 that is not cleaned up, plus a maximum of $10,000 for each day in which each violation occurs. The maximum liability amount is $4,002,000 as calculated below. Estimated Volume Discharged to creek: 400,200 gallons Volume subject to liability: 400,200 – 7,000 (1,000 gallons subtracted from each of the seven days of discharge as shown in Table 3 above) = 393,200 gallons Maximum Per Gallon Liability Amount: 393,200 gallons x $10/gallon = $3,932,000 Maximum Per Day Liability Amount: 7 days x $10,000/day = $70,000 Maximum Liability Amount: $3,932,000 + $70,000 = $4,002,000 Minimum Liability: The Enforcement Policy states that the Total Base Liability Amount should be at least 10 percent higher than the economic benefit amount, “so that liabilities are not construed as the cost of doing business and that the assessed liability provides a meaningful deterrent to future violations.” The minimum liability associated with economic benefit is $4,428.60 as calculated below. Estimated Economic Benefit (from Step 7 above): $4,026 $4,026 x 0.10 = $402.60 4,026 + $402.60 = $4,428.60 The Final Liability Amount is within the maximum and minimum liability amounts for the violation.

Maximum and Minimum Liability Amounts. The statutory maximum and minimum liabilities must be determined and compared to the proposed liability. The minimum amount is described in Step 8, above. The maximum liability amount is based on the statutory maximum established in Water Code section 13268. Maximum Liability Amount: $1,460,000 Minimum Liability Amount: $25,556.30.

Maximum and Minimum Liability Amounts. Minimum Liability Amount: $86.90 Maximum Liability Amount: $180,000

Maximum and Minimum Liability Amounts. The maximum and minimum amounts for discharge violations must be determined for comparison to the amounts being proposed. These values are calculated in the Complaint, and the values are repeated here. Water Code maximum liability amount: $2,118,800 Water Code minimum liability amount: $6,000 in mandatory minimum penalties; not discussed as part of this discretionary penalty calculation. Enforcement Policy minimum liability amount: minimal, and assumed to be significantly less than the proposed penalty.