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I <br /> 2. "V" is the extent of violations of erosion or stormwater related <br /> statutes, rules, orders, or permits by a responsible party. The value of "V" shall be <br /> equal to the number of erosion or stormwater violations within the past 10 years <br /> regardless of whether enforcement actions were pursued. <br /> 3. "C" is the level of care exercised by the responsible party. It is based <br /> on whether the cause of the violation was an unavoidable accident, negligence, or a <br /> reckless or intentional act. The value of "C" shall range from 1 to 4, and 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 (a) <br /> against a party who is responsible for the property, such as an owner, but who <br /> was not physically in charge of the property when the violation occurred; or <br /> (b) against the party who caused the violation but could not have reasonably <br /> foreseen that a violation would occur. <br /> b. 2 or 3, 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 where <br /> a party either caused a violation by carelessness or was negligent in taking the <br /> necessary corrective or preventative steps to reduce the possibility of the <br /> violation occurring. <br /> c. 4, if the violation was due to reckless or intentional acts. A <br /> reckless act is marked by a lack of proper caution, or carelessness of <br /> consequences. An intentional act is an act done by intention or design. <br /> (c) The MULTIPLIER "G" is the factor for gravity and magnitude of the <br /> violati n. The value of "G" shall be determined and set at the time the enforcement officer <br /> initiat compliance efforts. This value shall not be decreased if, after compliance efforts are <br /> j initiat actions are taken to reduce the gravity of the situation. The value of "G" shall range <br /> from 1 hrough 10 and shall be based on the following considerations: <br /> <br /> i <br /> 1. The significance of the violation due to the quantity and/or type of <br /> substance released. <br /> <br /> i <br /> f <br /> <br /> t <br /> 2. The proximity to the City's stormwater system and related natural <br /> resources. <br /> <br /> I 3. Weather Conditions, and the potential for dispersion of the released <br /> <br /> i <br /> substance. <br /> 4. The threat posed to life, public safety, property, or the environment. <br /> 5. The necessity for immediate action to capture the released substance, <br /> Administrative Rule - 18 <br /> <br />