Cleanup and Cooperation. The Enforcement Policy provides for an adjustment to reflect the extent to which a discharger voluntarily cooperated in returning to compliance and correcting environmental damage. The adjustment is a multiplier between 0.75 and 1.5, with a higher multiplier where there is a lack of cooperation. Violations 1 through 4: The cleanup and cooperation multiplier is 1.0 because CalAtlantic was cooperative with inspections, willing to meet to discuss site conditions and Permit requirements, and responsive in providing weekly progress reports. The amount of time needed to comply with the Permit, over a period of approximately two months, was not due to lack of cooperation or effort as much as the amount of work and level of effort needed to stop sediment-laden discharges and fix or improve erosion and sediment controls.
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Sources: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order, Settlement Agreement