Per Gallon Factor. For all days of violation except for the discharge that occurred on January 29, 2021: Using a Potential for Harm factor score of 6 (see Step 1) and Deviation from Requirement of Major, the Per Gallon Factor is 0.28 in Table 1 of the 2017 Enforcement Policy.
Per Gallon Factor. 0.41 As determined in Step 1, the Potential for Harm factor for the alleged violation is 7. Therefore, the Per Gallon Factor is 0.41 in accordance with Table 1 of the Enforcement Policy.
Per Gallon Factor. Table 1 of the Enforcement Policy (P. 14) is used to determine a “per gallon factor” based on the Potential for Harm Score from Step 1 and the Deviation from Requirement. The Potential for Harm Score was determined to be 7. The Deviation from Requirement is Major. Therefore, the per gallon factor is 0.41. Pursuant to Water Code section 13385, subdivision (c), the per-gallon administrative civil liability shall not exceed $10 per gallon of waste discharged over 1,000 gallons that was not cleaned up. According to the Central Valley Water Board staff’s investigations and final revised flow calculations during settlement negotiations, approximately 92,358 gallons of wastewater was discharged to the river and not recovered. The total volume discharged minus 1,000 gallons is 91,358 gallons. The Per Gallon Assessment is calculated on a per gallon basis is as follows 0.41 per gallon factor x 91,358 gallons x $10 per gallon = $374,568 Per Day Assessment for Discharge Violations 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 Deviation from Requirement that was used in the per-gallon analysis. Central Valley Water Board staff investigation indicated the discharge occurred on 9 August 2021. Therefore, there is one day of violation. The Per Day Assessment is calculated as the per day factor multiplied by the number of days multiplied by the statutory maximum per day ($10,000). In this case: 0.41 per day factor x 1 day x $10,000 per day = $4,100 Initial Liability Amount: The Initial Liability Amount is determined by adding together the per gallon assessment and the per day assessment. For this case, the initial liability is $374,568 + $4,100 = $378,668.
