Common use of Potential for Harm Clause in Contracts

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm.” As mentioned above, the discharges from the Site discharge indirectly from the Site into ▇▇▇▇▇▇ Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of ▇▇▇▇▇▇ Simi are listed in Violation 1. During the City and Regional Board staff inspections, inspectors observed that sediment control BMPs for the access gate had not been effectively implemented at the Site. As a result, sediment was tracked onto the street. Failure to provide proper sediment control at the access gate could lead to sediment discharge in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for Violations 3-4 is characterized as Moderate.

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm.” . As mentioned above, the discharges from the Site discharge indirectly from the Site into ▇▇▇▇▇▇ Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of ▇▇▇▇▇▇ Simi are listed in Violation 1. During the City and Regional Board staff inspections, inspectors Regional Board staff observed that sediment control BMPs for the access gate had not been Discharger failed to effectively implemented at the Site. As a result, sediment was tracked onto the streetimplement perimeter controls. Failure to provide proper properly implement sediment control at the access gate controls could lead to sediment discharge in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for Violations 3-4 this violation is characterized as Moderate.

Potential for Harm. Moderate The Enforcement Policy defines Moderate potential for harm as “The characteristics of the violation have substantially impaired the Water Boards’ ability to perform their statutory and regulatory functions, present a substantial threat to beneficial uses, and/or the circumstances of the violation indicate a substantial potential for harm.” As mentioned above, the discharges from the Site discharge indirectly from the Site into ▇▇▇▇▇▇ Simi through a storm water drain on White Sage Road and a storm water drainage pipe on the Site. The beneficial uses of ▇▇▇▇▇▇ Simi are listed in Violation 1. During the City and Regional Board staff inspections, inspectors Regional Board staff observed that sediment the Discharger failed to implement erosion control BMPs for the access gate had not been effectively implemented at the Site. As a result, or linear sediment was tracked onto the streetcontrols. Failure to provide proper implement erosion control BMPs or linear sediment control at the access gate controls could lead to sediment discharge in storm water. Discharges of sediment to surface waters can cloud the receiving water, thereby reducing the amount of sunlight reaching aquatic plants, clog fish gills, smother aquatic habitat and spawning areas. Sediment can also transport other materials such as nutrients, metals, and oils and grease which can cause toxicity to aquatic organisms. Excess sediment in water poses a moderate level of concern to ecosystem health exposure pathways because of the likelihood that the discharged material would harm aquatic life. Therefore, the Potential for Harm for Violations 3-4 these violations is characterized as Moderate.