Susceptibility to Cleanup and Abatement Sample Clauses

Susceptibility to Cleanup and Abatement. A score of 0 is assigned if the discharger cleans up 50 percent or more of the discharge within a reasonable amount of time. A score of 1 is assigned if less than 50 percent of the discharge is susceptible to cleanup or abatement, or if 50 percent or more of the discharge is susceptible to cleanup or abatement, but the discharger failed to clean up 50 percent or more of the discharge within a reasonable time. Natural attenuation of discharged pollutants in the environment is not considered cleanup or abatement for purposes of evaluating this factor. The Prosecution Team assigned a score of 1. A score of 1 was selected because the stormwater and the pollutants discharged from the Facility were not cleaned up during the violation period. Also, the discharges were not susceptible to cleanup because the stormwater and sediment are discharged into the receiving water and be combined and carried downstream with existing wet weather flows. Therefore, less than 50 percent of the unauthorized discharges of sediment and sediment- laden runoff to the Los Angeles River was susceptible to cleanup or abatement.

Susceptibility to Cleanup and Abatement. Pursuant to the Enforcement Policy a score of 0 is assigned for this factor if 50 percent or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned to this factor if less than 50 percent of the discharge is susceptible to cleanup or abatement. Less than 50 percent of the discharge was susceptible to cleanup or abatement. Accordingly, the Prosecution team assigns a score of 1 to the penalty calculation for Factor 3. Final Score - "Potential for Harm" Based on the above determinations, the Potential for Harm final score for this discharge violation is 6.