Cleanup and Cooperation. 1.3 This factor reflects the extent to which a discharger voluntarily cooperates with regulatory authorities in returning to compliance and correcting environmental damage after the violation. The cleanup and cooperation multiplier ranges from
Cleanup and Cooperation. 0.8 This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is applied, with a higher multiplier when there is a lack of cleanup or cooperation. The spill began between 1:30 and 1:35 p.m. on December 30, 2021. The Discharger was notified at 1:50 p.m. on December 30, 2021. The Discharger relied on multiple contractors to respond to the emergency. Access to the spill location was difficult, but it still took over 32 hours, until 9:38 p.m. on December 31, 2021, for the Discharger to stop the spill through the installation of five bypass pumps. It also took over 13 hours, until 3:00 a.m. on December 31, 2021, to excavate, install shoring and secure the sinkhole. After securing the sinkhole, Discharger’s contractor continued to clean up soil and debris through January 2, 2022 and conducted CCTV inspection to assess the condition of the sewer. On January 3, 2022, the downstream sewer was determined to be safe to reestablish the flow. In total, the flow was restored after five days. While the facts above indicate some problems with the Discharger’s response to the SSO, overall, the Discharger went above and beyond a normally expected response to an SSO and exceeded what was envisioned in the Discharger’s Sanitary Sewer Overflow Response Plan. For example, the Discharger conducted the following activities: - Enhanced public notification, such as stationing staff at each end of the West 212th Street throughout the entirety of the SSO event to prevent public contact with wastewater; going door-to-door to speak to affected residents on the evening of December 30th; meeting with residents to understand their concerns on January 3rd; releasing public notification flyers in multiple languages; and providing daily updates regarding the spill and progress of cleanup on the Discharger’s website. - Enhanced cleaning activities including working throughout the night of December 31st to flush the north side of West 212th Street; re-flushing the north side of West 212th Street on January 1st; completing additional cleaning and disinfection of driveways and sidewalks on January 3rd; completing additional cleaning and disinfection of the south side of West 212th Street on January 3rd; completing additional cleaning of the north side of West 212th Street on January 5th; providing a mobile car washing service to affected residents; and contracting with a landscap...
Cleanup and Cooperation. 1.0 This factor reflects the extent to which a discharger voluntarily cooperates in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is used, with a higher multiplier when there is a lack of cleanup or cooperation. In this case, the Discharger responded to each spill in a manner that is reasonable and prudent, and as expected for a sewer district of its size. The Discharger appropriately followed its Sanitary Sewer Overflow Response Plan, a component of the 2019 Sewer System Management Plan, as is expected of a discharger enrolled in the SSS WDR. Therefore, a neutral multiplier of 1.0 is assigned.
Cleanup and Cooperation. The Enforcement Policy provides for an adjustment to reflect the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. The adjustment is a multiplier between 0.75 and 1.5, with a higher multiplier where there is a lack of cooperation. Violations 1 through 4: The cleanup and cooperation multiplier is 1.0 because CalAtlantic was cooperative with inspections, willing to meet to discuss site conditions and Permit requirements, and responsive in providing weekly progress reports. The amount of time needed to comply with the Permit, over a period of approximately two months, was not due to lack of cooperation or effort as much as the amount of work and level of effort needed to stop sediment-laden discharges and fix or improve erosion and sediment controls.
Cleanup and Cooperation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is used, with a higher multiplier when there is a lack of cooperation. The cleanup and cooperation factor multiplier is 1.0. The Discharger was cooperative during the site inspection, however unintentionally provided erroneous information about the discharge location and storm water treatment system. Also, a neutral multiplier is appropriate because the Discharger did initiate action to address General Permit violations during December 15th site investigations, though the actions were not completed until December 17 and 18.
Cleanup and Cooperation. The Enforcement Policy provides for an adjustment to reflect the extent to which a violator voluntarily cooperated in returning to compliance and correcting environmental damage. The adjustment is a multiplier between 0.75 and 1.5, with a higher multiplier where there is a lack of cooperation. Violations 1 – 8: The cleanup and cooperation multiplier is decreased at 0.75. A credit is appropriate because Lehigh is implementing a major facility change that is above and beyond the actions required by the CDO. Lehigh is increasing the storage capacity of the Reclaim Water System to control future unauthorized discharges from Discharge Point No. 005 (Pond 20). Construction of a new 11.5 acre-foot (approximately 3.8 million gallon) retention basin at the Cement Plant is underway to accomplish the plan. Lehigh completed construction of the new basin in early 2016. Lehigh also implemented best management practices for erosion and sediment control measures at Discharge Point 006 (Pond 30). Such measures include the following: Cover all limestone surfaces with non-limestone materials; Hydroseed and stabilize slopes; Install approximately 10,000 feet of wattles to stabilize slopes; Remove all silt and vegetation from Ponds 30, 31A, and 31B to increase storage capacity; Remove all silt and vegetation from sedimentation basin 7 (SB7) and clean out the ditch that leads to SB7; Reconstruct the berm around the contractor parking area around Pond 30, including wire-backed silt fence; Install rock-lined stormwater channel, which check dams, along approximately 300 feet of eastern material storage area; and Construct of a new berm at the base of the new eastern material storage area slope above SB7. Furthermore, Lehigh constructed a reservoir to collect stormwater runoff from the facility to improve compliance and further reduce pollutant loading from Discharge Point No. 005. The construction of Pond 20 drainage area diversion pipelines is also in progress. In addition, Lehigh is investigating the possibility of installing “floc-logs” upstream of the pond to help reduce the TSS loading even further. Lehigh submitted required monitoring and other written reports consistent with the Permit (Order No. R2-2014-0010) and CDO (Order No. R2-2014-0011), and no credit is provided for complying with these requirements.
Cleanup and Cooperation. Adherence to the terms of this Stipulation, including timely notification to all relevant agencies of an unplanned discharge and timely performance of all applicable cleanup, monitoring and assessment, should reflect a high degree of cooperation.
Cleanup and Cooperation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is used, with a higher multiplier when there is a lack of cooperation.
Cleanup and Cooperation. This assessment is based on the fact that the Discharger contracted with a certified laboratory immediately after it became aware that the laboratory it had been using was not properly certified. The Discharger has returned to compliance already. Therefore, the Prosecution Team assigned a cleanup and cooperation factor is 0.75. History of Violations Even though the Discharger has been issued one TSO, two CDOs and three ACL Complaints under enforcement matters, the Discharger has no prior violations for the use of uncertified laboratories, a non-discharge violation. More importantly, NSD made reasonable attempts to document laboratory certification and was acting on the presumption that the obtained certifications were accurate. The loss of certification by the subject lab was related to a change in applicable regulations and virtually every permittee in Imperial County was similarly impacted by the loss of certification. Therefore, the Prosecution Team assigned a history of violation factor is 1.0.
Cleanup and Cooperation. This factor reflects the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. A multiplier between 0.75 and 1.5 is to be used, with a higher multiplier when there is a lack of cooperation. The Discharger was given the score of 1.1. The Discharger hired a new consultant to ensure timely submission of monitoring reports. However, the Discharger was out of compliance with the Valley Station WDRs for several years despite efforts by Regional Water Board staff, including the issuance of notices of violation, to bring the facility into compliance.
