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<br />3. "C" is the level of Gaze exercised by the responsible party. It is based <br />_ ~ on whether.the cause .ofthe 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 party 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 occumng. <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 carelessne§s 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 />r ,__ <br />. ~ (c) "G" is the gravity and magnitude of the violation. The value of "G" shall be <br />determined and set at the tune 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 />enforcement officer. . <br />c. The immediate threat posed to life, property, or the <br />environment. <br />. d. The proximity to the City's stormwater system, and related <br />natural resources. <br />Administrative Order - 9 <br />C:\W![3DOWS\Temporary lntemet Files\OLK61A5\02swrmwater-2aowpd <br />