Per Gallon Assessments for Discharge Violations. The Potential for Harm Score was determined in Step 1, and is 7. The Extent of Deviation is considered Major because Section 301 of the Federal Water Pollution Control Act (33 U.S.C. § 1311) (Clean Water Act) and Water Code Section 13376 prohibit the discharge of pollutants to waters of the United States except in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. Furthermore, State Water Board Order No. 2006-0003-DWQ, which is not an NPDES permit and which prescribes statewide general waste discharge requirements for sanitary sewer collection systems, prohibits SSOs that result in a discharge of untreated wastewater to waters of the United States. The raw sewage discharge rendered the prohibitions on discharging pollutants to waters of the United States ineffective in their essential functions. The prohibitions would be effective only if no discharge had occurred. Table 1 of the Enforcement Policy is used to determine a “per gallon factor” based on the Potential for Harm and Extent of Deviation. For this particular case, the factor is 0.31. A total discharge volume of 42,899,000 gallons was determined based on the reported release of 42,900,000 gallons of raw sewage directly into the Mojave River. The volume used for calculating the initial liability accounts for the amount discharged over the 1,000-gallon minimum volume for discharge amounts that are not cleaned up. Lahontan Water Board staff acknowledges that this discharge volume was extremely large. Pursuant to the Enforcement Policy, a maximum amount of $2.00 per gallon is used to determine the per gallon amount of the initial liability.

Per Gallon Assessments for Discharge Violations. When there is a discharge, the Board is to determine an initial liability amount on a per gallon basis using on the Potential for Harm score and the extent of Deviation from Requirement of the violation. The Potential for Harm Score was determined above, and is 10. The Deviation from Requirement reflects the extent to which the violation deviates from the specific requirement (effluent limitation, prohibition, monitoring requirement, etc.) that was violated. For this discharge, the Deviation from Requirement is considered “moderate” because the Discharger did not comply with the Water Code requirement to apply for a permit before discharging pollutants to waters of the U.S. 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 particular case, the factor is 0.5. This value is multiplied by the volume of discharge and the per gallon civil liability, as described below. The Discharger estimated that 54,580,000 gallons of water discharged from the reservoir during the period in question, of which 6,700,000 gallons contained sediment from the bottom of the reservoir. Because the volume of the discharge is so great, it is considered a “high volume discharge” under the Enforcement Policy. For high volume discharges, the Enforcement Policy allows a value of either $2/gallon (for sewage or storm water) or $1/gallon (for recycled water) instead of the maximum civil liability of $10/gallon allowed under Water Code section 13385. In this case, it is appropriate to use the $2/gallon civil liability for storm water because the pollutants from the reservoir were turbidity and sediment. Water Code section 13385(c)(2) states that the civil liability amount is to be based on the number of gallons discharged but not cleaned up, over 1,000 gallons for each spill event. There was one discharge event, which continued for a period of five days. Therefore, of the 6,700,000 gallons discharged containing sediment, a total of 6,699,000 gallons were discharged in excess of 1,000 gallons during the reservoir draw down. The Per Gallon Assessment is calculated as (0.5 factor from Table 1) x (6,699,000 gallons) x ($2 per gallon). The value is $6,699,000.

Per Gallon Assessments for Discharge Violations. When there is a discharge, the Central Valley Water Board is to determine the initial liability amount on a per gallon basis using the Potential for Harm score from Step 1 and the extent of Deviation from Requirement of the violation. The Potential for Harm score from Step 1 is 6 and the extent of Deviation from Requirements is considered Major because the requirement (i.e., the Prohibition) was rendered ineffective based on the lack of effective erosion control BMPs which caused large amounts of eroded sediment to be discharged to “Algerine Ditch”. 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 particular case, the factor is 0.22. This value is multiplied by the volume of discharge and the per gallon civil liability, as described below. As explained for Violation 1, Water Board staff is using a total of 822,701 gallons discharged over 24 days for the purposes of penalty calculation. Staff does not believe that this is an accurate volume and feels that it is a substantial underestimate based on the factors described above. Xxxxxxxx was repeatedly asked to re-evaluate the volume estimates and did not provide Board staff with information that reflected site conditions. This was taken into account in the cleanup and cooperation factor, below. The maximum civil liability allowed under Water Code section 13385 is $10 per gallon discharged. This amount was used for discharges from the Mono East abutment with the exception of the discharges associated with qualifying rain events (QREs) 4 and 7. Because of the volume of the Mono East abutment discharges related with QREs 4 and 7, as shown in the table below, Board staff used the “high volume” discount of $2 per gallon instead of $10 per gallon, as described by the Enforcement Policy. For QREs 4 and 7, it is appropriate to use the $2 per gallon value in calculating the liability because of the significant volume of discharges. The Enforcement Policy also states that when using a value less than the statutory maximum of $10/gallon results in an inappropriately small penalty, a higher amount, up to the statutory maximum, may be used. Board staff considered the final penalty amount, and believes that the amount is appropriate. However, if other factors such as the violator’s conduct factors were to be reduced, then the final penalty would not be appropriate and staff would need to re-evaluat...

Per Gallon Assessments for Discharge Violations. 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 Extent of Deviation from Requirement of the violation. The Potential for Harm Score was determined in Step 1 and is 7. The Statewide General Waste Discharge Requirements for Sanitary Sewer System (SSS General Order) No. 2006-0003-DWQ prohibits any sanitary sewer overflow (SSO) that results in discharge of untreated wastewater to waters of the United States. Similarly, the Clean Water Act prohibits the discharge of a pollutant from a point source to waters of the United States without first having obtained an NPDES permit. In this case, the discharge of untreated sewage is a major deviation from these required standards. 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 particular case, the factor is 0.41. This value of 0.41 is multiplied by the volume of discharge and the days of discharge, as described below. The Enforcement Policy allows for a reduction in the maximum penalty amount of $10 per gallon for high volume discharges between 100,000 gallons and 2,000,000 gallons for each discharge event. The City of Xxxxxxx estimated that a total of 81,012 gallons spilled during the incident and that 12,100 gallons was recovered during the cleanup with a vacuum truck, resulting in 68,912 gallons reaching Jackson Creek. CCFG disputed the City’s discharge volume estimate. After conducting an independent review of the available evidence, including the dimensions of the excavation and backfill volume using photographs of the excavation, the SSO technical report, site plans and aerial imagery to determine the approximate residual wastewater that may have been contained in the backfill and not recovered or discharged, as well as the volume of unrecovered wastewater saturating the undisturbed subsurface of the excavation cavity using regional soil data and the period of the SSO release, the Prosecution Team estimates that an additional 12,000 gallons was not recovered by the vacuum truck and did not discharge, resulting in an estimated 57,000 gallons of raw sewage flowing into Jackson Creek. Since the spill is reported to be 81,012 gallons and approximately 57,000 gallons reached surface waters, the 1 and 2 February 2018 spill incident is not considered to be “high volume” based o...

Per Gallon Assessments for Discharge Violations. The Enforcement Policy specifies that where there is a discharge, the Water Boards 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 Requirement of the violation. The Deviation from Requirement reflects the extent the violation deviated from the specific requirement at issue, and are categorized as either minor, moderate, or major. The Potential for Harm score from Step 1 and the Deviation from Requirement determination in Step 2 are used to determine a Per Gallon Factor by consulting Table 1 of the Enforcement Policy. The per gallon assessment is then determined by multiplying the Per Gallon Factor by the number of gallons subject to penalty and the maximum per gallon penalty amount allowed under the California Water Code. The Prosecution Team determines that the Deviation from Requirement for the alleged violation is Major. A score of Major is assigned because the Discharger intentionally discharged the drilling fluid into a catch basin within a parking lot that flowed into a storm drain without a permit. Clean Water Act section 301 prohibits any person to discharge any pollutant into waters of the United States without authorization. The unauthorized discharge rendered the requirement not to discharge pollutant to waters of the United States without a permit entirely ineffective in its essential function. Therefore, the violation was characterized as a Major deviation from the requirement. As determined in Step 1, the Potential for Harm factor for the alleged violation is 4. Therefore, the Prosecution Team determines that the Per Gallon Factor is 0.08 in accordance with Table 1 of the Enforcement Policy.

Per Gallon Assessments for Discharge Violations. 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 Extent of Deviation from Requirement of the violation. The Potential for Harm Score was determined in Step 1, and is 6. The Extent of Deviation is considered “major” because the WDRs prohibit the discharge of wastewater that exceeds effluent limits and the requirement has been rendered ineffective where the effluent has exceeded permit limits for total coliform and nitrate plus nitrite. 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 particular case, the factor is 0.22. This value is multiplied by the volume of discharge and the per gallon civil liability, as described below. The Complaint only assesses penalties for the four violations which took place between 1 January and 30 April 2016. Due to the persistent nature of the effluent limit violations, the penalty is based on the days and volume of wastewater discharged. The discharge volume is based on figures reported by CDCR in its self-monitoring reports for the period in which the violation occurred. Date Effluent limit violated Monitoring Period Volume discharged, gallons Volume minus 1,000 gallons 12 January 2016 Total Coliform 7-Day Median 410,1731 409,173 26 January 2016 Total Coliform 7-Day Median 443,8581 442,858 9 February 2016 Total Coliform 7-Day Median 417,1261 416,126 31 March 2016 Nitrite Plus Nitrate (as N) Monthly Average 409,7682 408,768 13 April 2016 Total Coliform 7-Day Median 430,5161 429,516 27 April 2016 Total Coliform 7-Day Median 370,9491 369,949 30 April 2016 Nitrite Plus Nitrate (as N) Monthly Average 393,6592 392,659 TOTAL: 2,876,049 2,869,049 1 Total daily volume of the day which the sample was collected.

Per Gallon Assessments for Discharge Violations. When there is a discharge, the Board may also determine an initial liability amount on a per gallon basis using on the Potential for Harm score and the extent of Deviation from Requirement of the violation. The Potential for Harm Score was determined above, and is 8. The Deviation from Requirement reflects the extent to which the violation deviates from the specific requirement (effluent limitation, prohibition, monitoring requirement, etc.) that was violated. For this discharge, as discussed above, the Deviation from Requirement is considered “major.” 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 particular case, the factor is 0.6. This value is multiplied by the volume of discharge and the per gallon civil liability, as described below.

Per Gallon Assessments for Discharge Violations. 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 Extent of Deviation from Requirement of the violation. The Potential for Harm Score was determined in Step 1, and is 4. The Extent of Deviation is considered “moderate” because the WDRs prohibit the discharge of wastewater at a location or in a manner different from that described in the WDRs, and prohibits the by-pass or overflow of wastes to surface waters, except as allowed by Federal Standard Provisions. 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 particular case, the factor is 0.016. This value is multiplied by the volume of discharge and the per gallon civil liability, as described below. This Complaint assesses penalties for a discharge of 893,600 gallons. Approximately 123,600 gallons of unfiltered, undisinfected wastewater was mixed with 770,000 gallons of fully treated wastewater and then discharged into Auburn Creek. The WDRs do not allow mixing of a partially treated portion of the waste with the remainder of the fully treated water. Therefore, the entire 893,600 gallons was discharged in violation of the WDRs. Water Code section 13385(c)(2) states that the civil liability amount is to be based on the number of gallons discharged—but not cleaned up—over 1,000 gallons, which for this Complaint, is 892,600 gallons. The maximum civil liability allowed under Water Code section 13385 on a per gallon basis is $10/gallon. However, the Enforcement Policy allows for a reduced per gallon penalty for high volume discharges. In this case, the discharge can be considered a high volume discharge and the reduced per volume factor of $2/gallon applies. Initial Liability Per Gallon (0.016 factor from Table 1) x (892,600 gallons) x ($2/gallon) = $28,563

Per Gallon Assessments for Discharge Violations Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Sub-Clauses