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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 set by the <br />enforcement officer, or when they became aware of the discharge causing <br />the violation. <br />e. 2, if the responsible parry made a major effort to correct the <br />violation and minimize impacts outside the time frame set by the <br />enforcement officer, and/or only after repeated requests by the <br />enforcement officer for action. <br />f. 3, if the responsible party made a minor effort to correct the <br />violation and minimize impacts outside the time frame set by the <br />enforcement officer, and/or only after repeated requests by the <br />enforcement officer for action. <br />g. 4, if mitigation action is possible but not undertaken by the <br />- responsible party after being made aware of the violation by federal, state, <br />or local regulatory agency personnel, or when they became aware, by any <br />means, of the discharge causing the violation. <br />h. 5, if the responsible parry hindered investigative and/or <br />clean-up efforts. <br />2. "V" is the extent of prior violations of stormwater related statutes, <br />rules, orders, or permits by a responsible party. The value of "V" shall be equal <br />to the number of stormwater violations documented within the past 10 years <br />regardless of whether enforcement actions were pursued. The value of "V" shall <br />be 1, if the responsible party fails to file a stormwater inspection and <br />maintenance log(s). <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 <br />caused by others. This category is used when the civil penalty is assessed <br />either (a) against a party who is responsible for the property, such as an <br />owner, but who was not physically in charge of the property when the <br />violation occurred; or (b) against the party who caused the violation but <br />could not have reasonably foreseen that a violation would occur. <br />b. 2 -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 <br />Administrative Order - Page 8 of 12 <br />