Invoice PWA-000142 Mayberry Tucker

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CIVII. PENALTY WORKSHEET Operating without a permit or violations of permit conditions; moderate or major water resource impacts: I > 1 (does not include violations of compensatory mitigation conditions) ORS 196.800-196.990 and OAR 141-85-090 Name: City of Eugene Enforcement File No.: 5288 Location: Eugene, OR ' Assigned Values OAR 141-85-090(81 and 141-85-090 (91; Civil Penalty Formula $B (V x P x C x I) =penalty, where B is base fine; V is water resource value; P is prior violations or knowledge; C is cooperation; and ' I is water resource impact. I - $B =$375 ¦ Fill by a: D Private operator ? Removal ? Commercial operator -------------------O Violation of permit conditions Public body_______________ V = ~ ¦ A value of 1 shall be applied to areas the Director deems to be of minor value. Possible examples are streams or lakes with insignificant public resource value and wetlands of low resource value as a result of historic disturbances or physical alterations that were not violations prior to the violation under consideration. ~ A value of 1.5 shall be applied to areas the Director determines to be of average value. Possible examples are, strait sections of streams not of value for rearing or spawning habitat for salmon, trout, or other game fish, wetlands with low diversity and public resource value, and ocean beaches of minor recreational use. ? A value of 2 shall be applied to areas the Director determines to be of major value. Possible examples are salmon or trout spawning areas, significant waterfowl rearing habitat, tidal salt marshes and mudflats, freshwater wetlands with high diversity and II! high public resource value, heavily used recreational beaches and state scenic waterways designated under ORS 390.805 - 390.925 _ _ _ or administrative rules adopted thereunder and the Willamette River Greenway designated under ORS 390.310. P = ~ A value of 1 shall be applied when the Director determines the person was unaware of the Removal-Fill Law at the time of the violation. ¦ A value of 1.5 shall be applied where the. Director determines the person was aware of the Removal-Fill Law at the time of the violation. 0 A value of 2.5 shall be applied when the Director determines, at the time of the violation, the person was aware of the Removal- . Fill Law and has reviousl violated the Removal-Fill Law or an statutes rules orders or ermits ertainin to waters of the state. - -----------~'------y-------------------------~'----------------~'-----p------~ Cl = D A value of 1 shall be applied where the person complies with the restoration as requested by the director without the need for an enforcement order or court action by the Director, or where the Director determines restoration efforts would be unlikely to benefit the resource. ? A value of 3 shall be applied where the person is not cooperative in complying with restoration as requested by the Director and the Director must issue an enforcement order or obtain a court order to restore. I = ~ A value of 1 shall be applied where the Director determines the impacts of the violation are minor and the affected waters of the state would naturally self-restore within a year. ~ A value of 1.5 shall be applied where the Director determines the impacts of the violation are average and the affected waters of this state would restore within 2 years either naturally or through artificial means. ¦ A value of 2 shall be applied where the Director determines the impacts are major and the affected waters of this state would not restoreorwouldtakeovertwo ears to restore. ----------y----------------------------------------- In cases where the cooperation value is greater than 1 and the water resource impact value is greater than 1 the amount of the civil penalty as determined above shall be doubled. Calculated Penalty $B (V x P x C x I) = 1 125.00 (Initial Penalty Calculation) Tf C is greater than 1 and V is greater than 1 then $ (Initial Penalty Calculation) x 2 = (Penalty) Note : This worksheet is preliminary and subject to change. The above does not constitute a notice of penalty under ORS 196.895. J:\Counties\i.ane\VioLUion~5288CP Workaheet.doc 07/98