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a. 1, if the violation was an unavoidable accident or was <br />caused by others. This category is used when the civil penalty is <br />assessed either {a) against a party who is responsible for the property, <br />such as an owne <br />r, but who was not physically m charge of the property <br />when the violation occurred; or (b) against the party who caused the <br />violation but could not have reasonably foreseen that a violation would <br />:~ occur. <br />b. 2, if the violation was caused by a responsible party's <br />1 negligence. Negligence is the failure to exercise the care that a <br />ii prudent person would exercise under the circumstances. This category <br />is used where a party either caused a violation by carelessness or was <br />negligent in taking the necessary corrective or preveritative steps to <br />i reduce the possibility of the violation occurring. <br />c. 4, if the violation was due to reckless or intentional acts. <br />A reckless act_ is marked by a lack of proper caution, or carelessness <br />' of consequences. An intentional act is an act done by intention or <br />design. <br />(c) The MULTIPLIER is the sum of "A" plus "G" where: <br />1. "A" is the extent of prior stormwater related enforcement actions <br />taken against this responsible party, whether at this property or another. The <br />value of "A" shall be: <br />a. 1, if this violation is the first enforcement action against <br />this responsible party. <br />b. 2, if this is the second enforcement action taken against <br />this responsible party within the past five years. <br />c. 4, if this violation is at least the third enforcement action <br />taken against this responsible party within the past five years.. <br />2. "G" is tl~e gravity and magnitude of the violation. The value of <br />"G" shall be determined and set at the time the enforcement officer initiates <br />compliance efforts. This value shall not be decreased if; after compliance <br />efforts are initiated, actions are taken to reduce the gravity of the situation. <br />.The value of "G".shall be from 1 through 10 and shall be based on the <br />following considerations: <br />a. The significance of the violation due to the quantity <br />and/or type of substance released. <br />b. The potential for further dispersion of the released <br />'~ Proposed Stormwater System Administrative Rule - 9 <br />01/12/96 <br />