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Admin Order 58-95-19-F (2)
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Admin Order 58-95-19-F (2)
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Last modified
6/5/2009 10:07:32 AM
Creation date
6/3/2009 10:08:53 AM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater
Document_Date
8/20/1995
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No
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8. The civil penalty shall become final upon expiration of the time for filing an appeal, <br />unless a responsible person has properly filed an appeal pursuant to Section 2.021 of the Eugene <br />Code, 1971 and paragraph G of these rules. If appealed,..thc penalty shall become final, if at all, <br />upon the hearing official's decision affirming the imposition of the civil penalty. <br />E. Determination of Amount of Civil PenaltX. <br />Notwithstanding the provisions of Administrative Rule R-2.018, the amount of the <br />administrative civil penalty to be assessed under Section D shall be determined in accordance with <br />the following formula, as described herein. <br />(a) The dollar amount of the assessment is calculated by multiplying the amount <br />of the BASE (subsection (b)) by the MULTIPLIER (subsection (c)) and multiplying that <br />by $10.00. Notwithstanding this formula, the maximum assessment for a violation for a <br />single day shall be $500, or such higher amount as may be established as the maximum <br />amount that may be assessed under Section 2.018 of the Eugene Code, 1971~in effect at <br />the time the violation occurs. <br />(b) The BASE is "H" multiplied by the sum of "P" plus "C" where: <br />1. "H" is the history of the actions and efforts undertaken by the <br />responsible party to correct the violation . The value of "H" shall be: <br />a. 1, if the responsible party could not be contacted at the .time <br />of the incident. <br />b. 1, if no action is possible to mitigate the situation. <br />c. 1, if the responsible party made a major effort to correct the <br />violation and minimise impacts within the time= frame set by the <br />enforcement officer. <br />d. 2, if the responsible party made a minor effort to correct the <br />violation and minimize impacts within the time frame $et by_ the <br />enforcement officer. <br />e. 2, if the responsible party made a major effort to correct the <br />violation and ttLnimi~e impacts outside the time frame set by the <br />enforcement officer, and/or only after repeated requests by the enforcement <br />officer for action. <br />f. 3, if the responsible party made a minor effort to correct the <br />Stormwater System Administrative Rule - 10 ~. <br />
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