New Search
2. "V" is the extent of violations of erosion or stormwater related <br />statutes, rules, orders, or permits by a responsible parry. 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 caze 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 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 mazked 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 aze <br />initiated, actions aze taken to reduce the gravity of the situation. The value of "G" shall range <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 />resources. <br />3. Weather Conditions, and the potential for dispersion of the released <br />substance. <br />4. The threat posed to life, public safety, property, or the environment. <br />The necessity for immediate action to capture the released substance, <br />Administrative Rule - 18 <br />:: ~~o~a~i~~ooero~~o: ~a~ i aimioo~ <br />