Susceptibility to Cleanup or Abatement. 1 A score of 0 is assigned if the discharger cleans up 50% or more of the discharge within a reasonable time, while a score of 1 is assigned if less than 50% of the discharge is susceptible to clean up, or if 50% of the discharge is susceptible to cleanup or abatement, but the discharger failed to clean up 50% or more of the discharge within a reasonable time. For this case, 8,507,790 gallons spilled into the Torrance Lateral and moved downstream to the Xxxxxxxxx Channel Estuary, dispersing, and dissipating in the watershed and was not recovered. Less than 50% of the spill was recovered; therefore, a score of 1 is appropriate for this factor.
Susceptibility to Cleanup or Abatement. 1 A score of 0 is assigned if the discharger cleans up 50% or more of the discharge within a reasonable time, while a score of 1 is assigned if less than 50% of the discharge is susceptible to clean up, or if 50% of the discharge is susceptible to cleanup or abatement, but the discharger failed to clean up 50% or more of the discharge within a reasonable time. As shown in Table 2, of the 108,414 gallons discharged to surface water, only 23,935 gallons were recovered. Because less than 50% of the discharge was cleaned up, a factor of 1 is assigned.
Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if 50% or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. In this case, less than 50% of the discharge was susceptible to cleanup or abatement as the wastewater entered Xxxxx Drain. Therefore, a factor of 1 is assigned.
Susceptibility to Cleanup or Abatement. The Enforcement Policy specifies that if 50 percent or more of the discharge is susceptible to cleanup or abatement, then a score of 0 is assigned. A score of 1 is assigned if less than 50 percent of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated. For Violations 1 through 8, the discharges were not susceptible to cleanup or abatement and are assigned a score of 1. In each instance, the discharged material flowed into and commingled with ambient receiving waters. There was no opportunity for abating the effects.
Susceptibility to Cleanup or Abatement. 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 if less than 50 percent of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. For Violation No. 1, VVWRA recovered 8,602 gallons of the 8,832 gallons that initially spilled. Therefore, a factor of 0 is assigned. Final Score – “Potential for Harm” The scores of the three factors are added to provide a Potential for Harm score for each violation or group of violations. In this case, a final score of 4 was calculated. The total score is then used in Step 2, below.
Susceptibility to Cleanup or Abatement. 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 if less than 50 percent of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. For The Discharge Violations, the earthen materials placed in stream during dam construction are entirely susceptible to clean up. To that end a Clean Up and Abatement Order was issued to remedy the potential failure of the earthen materials, which would result in delivery of a large sediment load to downstream, receiving waters. As the earthen material deposited is entirely susceptible to clean up and abatement this score is a (0).
Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if 50% or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. Less than 50% of the discharge from Priest Reservoir was susceptible to cleanup or abatement, as the discharge entered Rattlesnake Creek, Big Jackass Creek, Moccasin Creek and finally New Don Xxxxx Reservoir. Therefore, a factor of 1 is assigned.
Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if 50% or more of the discharge is susceptible to cleanup or abatement. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement. This factor is evaluated regardless of whether the discharge was actually cleaned up or abated by the discharger. In this case, the Discharger did not clean or xxxxx any of the sewage discharged from either discharge point. The Discharger did use chlorine to sanitize areas where the spill occurred but was not able to recover any of the actual discharged sewage, therefore, a score of 1 was assigned to this factor.
Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if the discharger cleans up 50% or more of the discharge within a reasonable amount of time. A score of 1 is assigned if less than 50% of the discharge is susceptible to cleanup or abatement, or if less than 50% or more of the discharge is susceptible to cleanup and abatement but the discharger failed to clean up 50% or more of the discharge within a reasonable amount of time. In this case, less than 50% of the discharge was susceptible to cleanup or abatement as the wastewater entered Jackson Creek and was not recoverable. Therefore, a factor of 1 is assigned. 82201.00017\33668675.1
Susceptibility to Cleanup or Abatement. A score of 0 is assigned for this factor if the discharger cleans up 50 percent or more of the discharge within a reasonable amount of time. A score of 1 is assigned for this factor 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 discharged pollutants in the environment is not considered cleanup or abatement for purpose of evaluating this factor. The Prosecution Team determined that a factor of 1 is appropriate. Based on the information provided, the Discharger did not conduct any cleanup of the discharged pollutant in the storm drain channel after the event.
