New Search
up efforts <br />2. "V" is the extent of prior violations of stormwater related statutes, <br />rules, orders, or permits by a responsible party. The value of "V" shall be equal to <br />the number of stormwater violations documented within the past 10 years regardless <br />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 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 parry who caused the violation but could not have reasonably <br />foreseen that a violation would occur. <br />b. 2-3, 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 purpose or design. The <br />responsible party does not have to act with the intention to pollute or cause <br />- a violation for an act to be considered intentional, only that their action that <br />created a violation was in and of itself intentional. <br />(c)' "G" is the gravity and magnitude of the violation. The value of "G" shall be <br />determined and set at the time the enforcement officer initiates compliance efforts. This <br />value shall not be decreased if, after compliance efforts are initiated, actions are taken to <br />reduce the gravity of the situation. The value of "G" shall be from 1 through 10 and shall be <br />based on the following considerations: <br />a. The significance of the violation due to the quantity and/or <br />type of substance released. <br />b. The potential for further dispersion of the released substance <br />within the clean-up and/or mitigation time frame established by the <br />Administrative Order - 9 <br />