Susceptibility to Cleanup no The discharge was not susceptible to cleanup because the discharge quickly comingled with receiving waters. Per Gallon Factor for Discharge Violations 0.025 Deviation from Requirement: major This multiplier is from Tables 1 and 2 of the Enforcement Policy and is based on the sum of the above factors and a deviation from requirements of major. The Enforcement Policy definition for major deviation states as follows: “… rendering the prohibition ineffective in its essential functions.” The discharge violated a permit prohibition that, among other things, prohibits discharges unless the discharge is disinfected. The entire discharge was not disinfected (i.e., not chlorinated and dechlorinated). Thus, the prohibition was rendered ineffective for that day. Adjustment for $2/gal For this violation, a high volume adjustment applies because the discharge PENALTY FACTOR VALUE DISCUSSION High Volume Discharges volume for the violation was high in that it was over two million gallons, and the violation also occurred during wet weather. Consistent with the Enforcement Policy, a maximum per gallon liability of $2, rather than $10, is appropriate, and would not result in an inappropriately small penalty. Initial Liability $111,200 The initial liability is calculated as follows: Per Gallon Factor (above) multiplied by gallons discharged to surface water (minus 1,000 gallons) multiplied by the maximum per gallon liability (as adjusted above), plus Per Day Factor (above) multiplied by the maximum per day liability ($10,000) multiplied by the number of days of discharge. Initial Liability: (2,219,000 gal x $2/gal x 0.025 + $10,000/day x 1 day x 0.025) = $111,200 Adjustments for Discharger Conduct Culpability 1.0 For this violation, a higher culpability is appropriate because the failure to disinfect the wastewater was due to the Discharger’s Chief-on-Watch inappropriately ordering the operator to close the manual disinfection line. This operator had started manual gravity flow disinfection in accordance with Standard Operation Procedure for power outages, but then closed it as ordered. As for the power outage that instigated the need for manual dechlorination, a lower culpability is appropriate because the discharge occurred due to a fluke power outage. This outage occurred when the main breaker tripped and completely shut down power to the Southeast Plant. The trip in the main breaker was caused by a drop in the overall electrical load demand. The reason for the drop in ...
Susceptibility to Cleanup. No A score of 1 is appropriate because the discharge quickly comingled with the receiving waters and was not susceptible to cleanup or abatement. (Enforcement Policy, p. 13.) Xxxxxxxx 66 pumps its effluent to a deepwater diffuser in San Pablo 2 Field Dye Tracer Studies and Initial Dilution Modeling of the Process Wastewater Effluent from the UNOCAL San Francisco Refinery Diffuser NPDES Permit No. XX0000000, Entrix Inc., December 1989 PENALTY FACTOR SCORE DISCUSSION Bay where rapid mixing occurs (Permit, p. 6). There was no opportunity to xxxxx the effects of the discharge. Final Score 8 and 7 Potential for Harm The scores for the above three factors are added together to provide a “Potential for Harm” score of 8 (3+4+1 = 8) for the first two days of discharge, and 7 (2+4+1=7) for the remaining 27 days of discharge based on the monthly average violation. Deviation from Requirement Major Deviation from Requirement: Major A major deviation from requirement is appropriate because the discharge contained copper concentrations that exceeded the Permit’s maximum daily and average monthly effluent limits. The Permit requires the discharge to be treated to achieve concentrations below effluent limits prior to discharge to San Pablo Bay. Because treatment did not achieve the effluent limits and the discharge had the potential to affect aquatic life, the requirement was rendered “ineffective in its essential functions.” (Enforcement Policy, p. 14.)
Susceptibility to Cleanup. No A score of 1 is selected because less than 50% of the discharge is susceptible to cleanup or abatement. 3 Per Gallon and Per Day Factor for Discharge Violations 0.15 Deviation from Requirement: Major Permit Discharge Specifications section B.6.c.1 was rendered ineffective because The Wine Group failed to meet total nitrogen effluent limitations for 2 years.
Susceptibility to Cleanup no The discharge was not susceptible to cleanup because the discharge quickly comingled with receiving waters.
Susceptibility to Cleanup no The discharge was not susceptible to cleanup because the discharge quickly comingled with receiving waters. Per Gallon Factor for Discharge Violations 0.0875 Deviation from Requirement: major This multiplier is the average of 0.025 and 0.150 from Tables 1 and 2 of the Enforcement Policy using the sum of the above factors (4 to 5), and a deviation from requirements of major. The Enforcement Policy definition for major deviation states as follows: “… rendering the prohibition ineffective in its essential functions.” The discharge violated the effluent limitation for total residual chlorine of 0.0 mg/L, with a large portion of the discharge exceeding the limit by over 100 times at off the chart above 5 mg/L for up to 17 minutes. Thus, the effluent limitation was rendered ineffective during that incident. Adjustment for High Volume Discharges $10/gal For this violation, a maximum per gallon liability of $10 is appropriate because the discharge volume (200,000 gallons) is not high in volume. Initial Liability $175,000 The initial liability is calculated as follows: Per Gallon Factor (above) multiplied by gallons discharged to surface water (minus 1,000 gallons) PENALTY FACTOR VALUE DISCUSSION multiplied by the maximum per gallon liability (as adjusted above), plus Per Day Factor (above) multiplied by the maximum per day liability ($10,000) multiplied by the number of days of discharge. Initial Liability: (199,000 gal x $10/gal x 0.0875 + $10,000/day x 1 day x 0.0875) = $175,000
