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AO 58-11-09 Stormwater System
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AO 58-11-09 Stormwater System
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Last modified
9/28/2011 10:32:26 AM
Creation date
9/22/2011 3:00:01 PM
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PW_Exec
PW_Division_Exec
POS
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater System Admin Rule Amendment
Document_Date
9/21/2011
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No
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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 />reckless act is marked by a lack of proper caution, or carelessness of <br />consequences. An intentional act is an act done by purpose or design. The <br />responsible party does not have to act with the intention to pollute or cause <br />a violation for an act to be considered intentional, only that their action <br />that created a violation was in and of itself intentional. <br />(c) "G" is the gravity and magnitude of the violation. The value of "G" shall <br />be determined and set at the time the enforcement officer initiates compliance efforts. <br />This value shall not be decreased if, after compliance efforts are initiated, actions are <br />taken to reduce the gravity of the situation. The value of "G" shall be from 1 through 10 <br />and shall be based on the following considerations: <br />a. The significance of the violation due to the quantity and/or <br />type of substance released. <br />b. The potential for further dispersion of the released <br />substance within the clean-up and/or mitigation time frame established by <br />the enforcement officer. <br />C. The immediate threat posed to life, property, or the <br />environment. <br />d. The proximity to the City's stormwater system, and related <br />natural resources. <br />e. Weather conditions as they relate to the impact of the <br />release. <br />f. The necessity for immediate action to capture the released <br />substance, prevent further dispersal of the released substance, or to prevent <br />damage to property and/or the environment. <br />A violation may rate a "G" value of 1 if there is no immediate or significant threat <br />to life, property, and/or the environment due to the quantity and/or type of <br />substance released; or if there is low potential for further dispersion of a released <br />substance. <br />A violation may rate a "G" value of 10 if there is an immediate or significant <br />threat to life, property, and/or the environment due to the quantity and/or type of <br />substance released. To protect both public and environmental health the situation <br />cannot be tolerated and immediate actions are necessary in order to capture and <br />Administrative Order - Page 9 of 12 <br />
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