Per Day Assessments for Discharge Volumes. When there is a discharge, the Lahontan Water Board is to determine an initial liability amount on a per day basis using on the same Potential for Harm score and the Extent of Deviation that were used in the per-gallon analysis. As described above, this factor is 0.22.
Per Day Assessments for Discharge Volumes. When there is a discharge, the Board is to determine an initial liability amount on a per day basis using the same Potential for Harm factor score (9) and the extent of Deviation from Requirement (Moderate) that were used in the per-gallon analysis. The “per day” factor (determined from Table 2 of the Enforcement Policy) is 0.5. The sediment-laden spills that are the subject of this enforcement action occurred for a total of 2 days. Therefore, the Per Day Assessment is calculated as (0.5 factor from Table 2) x (2 days) x ($10,000 per day). The value is $ 10,000.
Per Day Assessments for Discharge Volumes. When there is a discharge, the Central Valley Water Board is to determine an initial liability amount on a per day basis using the same Potential for Harm and the Extent of Deviation from Requirement that were used in the per-gallon analysis. The “per day” factor (determined from Table 2 of the Enforcement Policy) is 0.41. The spill event took place over two days, 1 and 2 February 2018. Water Code section 13385(c)(1) states that the maximum civil liability is $10,000 per day of violation. Per Day Liability 0.41 x 2 days x $10,000 per day= $8,200 Initial Liability Amount: The value is determined by adding together the per gallon assessment and the per day assessment. Initial Liability $229,600 per gallon assessment + $8,200 per day assessment = $237,800
Per Day Assessments for Discharge Volumes. When there is a discharge, the Central Valley Water Board is to determine an initial liability amount on a per day basis using the same Potential for Harm and the Extent of Deviation from Requirement that were used in the per-gallon analysis. The “per day” factor (determined from Table 2 of the Enforcement Policy) is 0.22. On three occasions, the Discharger exceeded the effluent limit for total coliform as a 7-day median. For each of these three violations, the Discharger was assumed to be in violation for only the day the sample was collected as opposed to the entire seven days. The Discharger also exceeded the monthly average limit for nitrate plus nitrate. The Discharger was assumed to be in violation for one day of the entire month. The total number of days of violation for these effluent limit exceedances is 7 days. Water Code section 13385(c)(1) states that civil liability shall not exceed $10,000 per day of violation.
