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g. 4; ifno clean-up action is undertaken by the responsible party <br />after being made aware of the violation by federal, state, or local regulatory <br />w agency personnel, or when they became aware of the discharge causing the <br />violation by any means. <br />h 5, if the responsible party hmderedclean-up efforts. <br />i. If the violator had knowledge that the discharge may enter the <br />public system and failed to report or attempt to report the discharge to the <br />.City of Eugene in a time frame that would allow for mitigation, even if <br />mitigation is not possible, a value of one may be added to any of the values <br />determined in section E, (b)(1)(a-h). <br />j. If a single violation can fall into more than one of the <br />categories in section E, (b)(1)(a h), the value of "I-P' shall be the largest value <br />in any of those categories. <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 fa>7ure 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 />Administrative Rule - 21 <br />C:C1~:MY~031;msionPiev-Zuo.wpd <br />