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a. 1, if the violation was an unavoidable accident or was <br /> <br /> " caused by others. This category is used when the civil penalty is <br /> assessed either (a) against a party who is responsible for the property, <br /> such as an owner, but who was not physically in charge of the property <br /> when the violation occurred; or (b) against the party who caused the <br /> violation but could not have reasonably foreseen that a violation would <br /> 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 <br /> prudent person would exercise under the circumstances. This category <br /> is used where a party either caused a violation by carelessness or was <br /> ~I negligent in taking the necessary corrective or preventati~~e steps to <br /> reduce the possibility of the violation occurring. <br /> c. 4, if the violation was due to reckless or intentional acts. <br /> A reckless act is marked by a lack of proper caution, or carelessness <br /> of consequences. An intentional act is an act done by intention or <br /> design. <br /> (c The MULTIPLIER is the sum of "A" plus "G" where: <br /> 1. "A" is the extent of prior stormwater related enforcement actions <br /> ta~Cen against this responsible party, whether at this property or another. The <br /> ( value of "A" shall be: <br /> i <br /> i i <br /> a. 1, if this violation is the first enforcement action against <br /> this responsible party. <br /> b. 2, if this is the second enforcement action taken against <br /> M1 i this responsible party within the past five years. <br /> c. 4, if this violation is at least the third enforcement action <br /> i taken against this responsible party within the past five years. <br /> 2. "G" is tl~e gravity and magnitude of the violation. The value of <br /> " "shall be determined and set at the time the enforcement officer initiates . <br /> co pliance efforts. This value shall not be decreased ii; after compliance <br /> e orts are initiated, actions are taken to reduce the gravity of the situation. <br /> T e value of "G" shall be from 1 through 10 and shall be based on the <br /> fo lowing considerations: <br /> a. The significance of the violation due to the quantity <br /> i and/or type of substance released. <br /> b. The potential for further dispersion of the released <br /> Pro osed Sto mlwater S stem Administrative Rule - 9 01/12/96 <br /> P Y <br /> <br />