Common use of ALLEGED VIOLATION Clause in Contracts

ALLEGED VIOLATION. On December 15, 2014, OG Property Owner, LLC (hereinafter Discharger) allegedly violated section V.A.2, Narrative Effluent Limitations of the NPDES General Permit for Storm Water Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ as amended (General Permit), by discharging an estimated 379,000 gallons of storm water polluted by sediments to a storm drain tributary to the west branch of San Pablo Creek. The discharge resulted from inadequate implementation of best management practices (BMPs) at the Discharger’s ▇▇▇▇▇▇ Project construction site. The “potential harm” factor considers the harm to beneficial uses that resulted or that may result from exposure to the pollutants in the discharge, while evaluating the nature, circumstances, extent, and gravity of the violation(s). A three-factor scoring system is used for each violation or group of violations: (1) the harm or potential harm to beneficial uses; (2) the degree of toxicity of the discharge, and (3) whether the discharge is susceptible to cleanup or abatement.