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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 "H" shall be the largest value <br />m 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 responslble parry. The value of "V" shall be <br />equal to the number of erosion or stormwater violations within the past 10 years <br />regardless ofwhether 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 civ17 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 properly 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 responsl~ble 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 possl`bl7ity 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 />violation. The value of "G" shall be determined and set at the time the enforcement officer <br />. initiates compliance.efforts. This value shall not be decreased if, after compliance efforts are <br />initiated,.actionsare taken to reduce the gravity ofthe situation. The value of"G" shallrange <br />from 1 through 10 and shall be based on the following considerations: <br />1. The significance of the violation due to the quantity and/or type of <br />substance released. <br />2. The proximity to the City's stormwater system and Related Natural <br />Resource Areas. <br />Administrative Rule - 21 <br />C:fl'<;MY`1J3~vsivnP[ewlau.wpd (i/13/U3) <br />