Per Gallon Assessment. When there is a discharge, the Los Angeles Water Board is to determine an initial liability amount on a per-gallon basis using the Potential for Harm score and the Extent of Deviation from Requirement.
Per Gallon Assessment. Where there is a discharge, the Regional Board shall determine an initial liability amount on a per-gallon basis using the Potential for Harm score from Step 1 and the extent of deviation from requirements. Using a Potential for Harm score of 9 from Step 2 and a Major deviation from requirement; Table 1 of the Enforcement Policy prescribes 0.8 as the per gallon factor for the discharge. The Regional Board shall apply the above gallon factor to the maximum per gallon amounts allowed under statute for the violation in calculating the initial liability. Water Code section 13350, subdivision (e)(2) allows for imposition of an administrative civil liability on a per gallon basis not to exceed $10 for each gallon discharged. In this case, 1,075 barrels (45,150 gallons) of crude oil were discharged to the Prince Barranca. Therefore, 45,150 gallons discharged to the Site were assessed a per gallon basis amount of $10.00. Per Gallon Assessment = $10.00 (statutory maximum) X 0.8 (per gallon factor) X 45,150 gallons = $361,200
Per Gallon Assessment. When there is a discharge, the Central Valley Water Board is to determine an initial liability amount on a per gallon basis using the Potential for Harm score and the Deviation from Requirement. As stated above, the Potential for Harm Score is 7. The Deviation from Requirement may be considered minor, moderate, or major, depending on the extent to which the violation deviates from the specific requirement. In this case, the Deviation from Requirement is determined to be “moderate” because the intended effectiveness of the permit requirement to dechlorinate the wastewater was completely compromised for 46 minutes. There were no backup systems in place to notify the operators that the uninterrupted power supply failed or that the waste was not being diverted to the emergency storage basin. Table 1 of the Enforcement Policy (p. 14) is used to determine a “per gallon factor” based on the total score from Step 1 and the level of Deviation from Requirement. For this case, the factor is
Per Gallon Assessment. Where there is a discharge, the Regional Water Board shall determine an initial liability amount on a per-gallon basis using the Potential for Harm score from Step 1 and the extent of deviation from requirements. With a Potential for Harm score of 9 from Step 1 and a Major deviation from requirement, Table 1 of the Enforcement Policy prescribes 0.8 as the per gallon factor for the discharge. The Regional Water Board applies the above gallon factor to the maximum per gallon amounts allowed under statute for the violation in calculating the initial liability. Water Code section 13350, subdivision (e)(2) allows for imposition of an administrative civil liability on a per gallon basis not to exceed $10 for each gallon discharged. In this case, 4,731 gallons of crude oil and produced water was discharged to the adjacent East Fork Hall Canyon Creek. Therefore, the 4,731 gallons discharged to the Site were assessed using a per gallon basis amount of $10.00. Per Gallon Assessment = $10.00 (statutory maximum) X 0.8 (per gallon factor) X 4,731 gallons = $37,848
