Common use of Potential for Harm Clause in Contracts

Potential for Harm. Moderate The Discharger’s failure to install BMPs to protect stormwater inlets created a threatened discharge of sediment and other pollutants to the Los Angeles County Storm Drain system and the Big Tujunga Creek. The beneficial uses listed for Big Tujunga Creek in the Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties are municipal and domestic supply, ground water recharge, warm freshwater habitat, cold freshwater habitat, and wildlife habitat. Discharges of sediment can cloud the receiving water (which reduces the amount of sunlight reaching aquatic plants), clog fish gills, smother aquatic habitat and spawning areas, and impede navigation. Sediment can also transport other materials such as nutrients, metals, and oil and grease which can also negatively impact aquatic life.

Potential for Harm. Moderate The potential for harm for this violation constitutes a Moderate potential for harm. The Discharger’s failure to install BMPs perimeter controls could have led to protect stormwater inlets created a threatened discharge discharges of sediment and other pollutants to the Los Angeles County Storm Drain system and the Big Tujunga Creek. The beneficial uses listed for Big Tujunga Creek in the Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties are municipal and domestic supply, ground water recharge, warm freshwater habitat, cold freshwater habitat, and wildlife habitat. Discharges of sediment can cloud the receiving water (which reduces the amount of sunlight reaching aquatic plants), clog fish gills, smother aquatic habitat and spawning areas, and impede navigation. Sediment can also transport other materials such as nutrients, metals, and oil and grease which can also negatively impact aquatic life.