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violation and minimize impacts outside the time frame set by the <br /> enforcement officer, and /or only after repeated requests by the enforcement <br /> officer for action. <br /> g. 4, if no clean-up action is undertaken by the responsible <br /> party after being made aware of the violation by federal, state, or local <br /> regulatory agency personnel. <br /> • <br /> h. 5, if the responsible party hindered clean-up efforts. <br /> 2. "P" is the extent of prior violations of stormwater related statutes, <br /> rules, orders, or permits by a responsible party. The extent is based on the <br /> number of complaints verified as violations regardless of whether enforcement <br /> actions were pursued. The value of "P" shall be: <br /> a. 1, if the present violation is the first within the past five - <br /> years. <br /> b. 2, if the present violation is the second similar violation <br /> within the past five years. <br /> c. 4, if the present violation is the third or subsequent similar <br /> violation within the past five years. <br /> 3. "C" is the level of care exercised by the responsible party. It is <br /> based on whether the cause of the violation was an unavoidable accident, <br /> negligence, or a reckless or intentional act. The value of "C" shall be: <br /> a. 1, if the violation was an unavoidable accident or was caused <br /> by others. This category is used when the civil penalty is assessed either <br /> (a) against a party who is responsible for the property, such as an owner, <br /> but who was not physically in charge of the property when the violation <br /> occurred; or (b) against the party who caused the violation but could not <br /> have reasonably foreseen that a violation would occur. <br /> b. 2, if the violation was caused by a responsible party's <br /> negligence. Negligence is the failure to exercise the care that a prudent <br /> person would exercise under the circumstances. This category is used <br /> where a party either caused a violation by carelessness or was negligent in <br /> taking the necessary corrective or preventative steps to reduce the <br /> possibility of the violation occurring. <br /> c. 4, if the violation was due to reckless or intentional acts. A <br /> Stormwater System Administrative Rule - 11 <br />