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Admin Order 58-95-19-F
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Admin Order 58-95-19-F
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Last modified
8/25/2008 3:53:30 PM
Creation date
8/15/2008 3:37:10 PM
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Template:
PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater
Document_Date
8/20/1996
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No
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8. The civil penalty shall become final upon expiration of the time for filing an appeal, <br /> unless a responsible person has properly filed an appeal pursuant to Section 2.021 of the Eugene <br /> Code, 1971 and paragraph G of these rules. If appealed, the penalty shall become final, if at all, <br /> upon the hearing official's decision affirming tfie imposition of the civil penalty. <br /> E. Determination of Amount of Civil PenaltX. <br /> Notwithstanding the provisions of Administrative Rule R-2.018, the amount of the <br /> administrative civil penalty to be assessed under Section D shall be determined in accordance with <br /> the following formula, as described herein. <br /> (a) The dollar amount of the assessment is calculated by multiplying the amount <br /> of the BASE (subsection (b)) by the MULTIPLIER (subsection (c)) and multiplying that <br /> by $10.00. Notwithstanding this formula, the maximum assessment for a violation for a <br /> single day shall be $500, or such higher amount as may be established as the maximum <br /> amount that may be assessed under Section 2.018 of the Eugene Code, 1971~in effect at <br /> the time the violation occurs. <br /> (b) The BASE is "H" multiplied by the sum of "P" plus "C" where: <br /> 1. "H" is the history of the actions and efforts undertaken by the <br /> responsible party to correct the violation . The value of "H" shall be: <br /> a. 1, if the responsible party could not be contacted at the time <br /> of the incident. <br /> b. 1, if no action is possible to mitigate the situation. <br /> c. 1, if the responsible party made a major effort to correct the <br /> violation and minunize impacts within the time, frame set by the <br /> enforcement officer. <br /> d. 2, if the responsible party made a minor effort to correct the <br /> violation and minimise impacts within the time frame $et by the <br /> enforcement officer. <br /> e. 2, if the responsible party made a major effort to correct the <br /> 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 /> f. 3, if the responsible party made a minor effort to correct the <br /> <br /> Stormwater System Administrative Rule - 10 <br /> <br />
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