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_ ~ violation and minimize 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 />g. 4, if no clean-up action is undertaken by the responsible <br />party after being made aware of the violation by federal, state, or local <br />regulatory agency personnel. <br />h. 5, if the responsible party hindered clean-up efforts. <br />2. "P" is the extent of prior violations of stormwater related statutes, <br />rules, orders, . or permits by a responsible party. The extent is based on the <br />number of complaints verified as violations regardless of whether enforcement <br />actions were pursued. The value of "P" shall be: <br />a. 1, if the present violation is tie first within the past five- <br />~. <br />years. <br />b. 2, if the present violation is the second similar violation <br />within the past five yeazs. <br />c. 4, if the present violation is the third or subsequent similaz <br />violation within the past five years. <br />3. "C" is the level of care exercised by the responsible party. It is <br />based on whether the cause of the violation was an unavoidable accident, <br />negligence, or a 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 <br />(a) against a party who is responsible for the property, such as an owner, <br />but who was not physically in chazge of the property when the violation <br />. occurred; or (b) against the party who caused the violation but could not <br />have reasonably foreseen that a violation would occur. <br />b. 2, 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 <br />where a party either caused a violation by carelessness or was negligent in <br />taking the necessary corrective or preventative steps to reduce the <br />possibility of the violation occurring. <br />c. 4, if the violation was due to reckless or intentional acts. A <br />Stormwater System Administrative Rule - 11 <br />