Determination of Total Base Liability Amount Sample Clauses

Determination of Total Base Liability Amount. The Total Base Liability Amount for the violation is calculated by multiplying the Initial Liability Amount by the adjustment factors for the alleged violation (Initial Liability Amount) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). The applicable Total Base Liability Amount for the violation is $462,000 as summarized below. Total Base Liability Amount:

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require.

Determination of Total Base Liability Amount. The Total Base Liability is determined by applying the adjustment factors from Step 4 to the Initial Liability Amount determined in Step 2. Total Base Liability = $10,990,600.50 Steps 6 through 10 apply to the Combined Total Base Liability Amount for all violations and are discussed in Exhibit F after the Total Base Liability Amounts have been determined for the remaining violations.

Determination of Total Base Liability Amount. The Total Base Liability Amount for the violation is calculated by multiplying the Initial Liability Amount by the adjustment factors for the alleged violations (Initial Liability Amount) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). The applicable Total Base Liability Amount for the violations is $805,374 as summarized below. Individual Total Base Liability Amounts: Dibromochloromethane: $12,400 x 1.4 x 1.1 x 1.4 = $26,734 10 Effluent limitation violations for the following pollutants: dibromochloromethane, dichlorobromomethane, total nitrogen, total copper, dissolved oxygen, total coliform, pH, sulfate, oil and grease, total suspended solids, bis-2(ethylhexyl) phthalate, total chlorine residual, and settleable solids.‌ 11 The summary of mandatory minimum liabilities issued for effluent limitation violations from June 25, 2019 through September 26, 2023, is a subset of the summary provided previously for the February 5, 2009 through September 26, 2023 date range. Dichlorobromomethane:‌ $7,750 x 1.4 x 1.1 x 1.4 = $16,709 Total Nitrogen: $19,600 x 1.4 x 1.1 x 1.4 = $42,258 Total Copper (May 2024): $83,700 x 1.4 x 1.1 x 1.4 = $180,457 Total Copper: $250,100 x 1.4 x 1.1 x 1.4 = $539,216 Combined Total Base Liability Amount: $26,734 + $16,709 + $42,258 + $180,457 + $539,216 = $805,374

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment X Culpability X Cleanup & X Cooperation History of Violations Total Base Liability = ($3,500) X (1) X (1.3) X (1.0) X (1.0) = $4,550 Step 6 -Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. Discharger achieved an economic benefit of $2,314 for not covering the inactive large stockpile. Bonded fiber matrix could have been used to cover the stockpile. Bonded fiber matrix costs approximately $3,9016 per acre to install. Assuming that one-half acre was inactive, the cost would be $1,951. The economic benefit of not spraying the bonded fiber matrix is $2,314. See Exhibit No. 7, Economic Benefit Calculation Violation and Supporting Documentation.

Determination of Total Base Liability Amount. The Total Base Liability is the sum of the liabilities for Violations 1 through 3.

Determination of Total Base Liability Amount. The Total Base Liability amount is determined by multiplying the Per Day Assessment by the Days of Violation to determine the Initial Amount of Liability and then applying the adjustment factors as follows: Total Base Liability = Per Day X Assessment No. of X Culpability X Days Cleanup & X Cooperation History of Violations Total Base Liability = ($2,200) X (1) X (1.5) X (1.0) X (1.0) = $3,300 Step 6 - Ability to Pay and Ability to Continue In Business See Section I. Ability to Pay and Ability to Continue In Business. Step 7- Other Factors as Justice May Require See Section J. Other Factors as Justice May Require. The Discharger derived an economic benefit by not plugging up the two basin drains and pumping out the ponded storm water runoff for off-site disposal. It is estimated that the labor and materials necessary to plug the two basin drains is $500. The estimated cost to pump out the two basins and dispose of the ponded storm water runoff offsite is $450 based upon an invoice provided by the Discharger. Using the U.S. EPA BEN Model the Discharger enjoyed an economic benefit of $973. See Exhibit No. 7, Economic Benefit Calculation and Supporting Documentation.

Determination of Total Base Liability Amount. The Total Base Liability Amount (i.e. initial amount of liability) is determined by multiplying the Per Day Assessment by the Days of Violation and then applying the adjustment factors as follows: Gallons Discharged Assessment2 Adjusted Gallons Discharged x Per Gallon Factor x Statutory Max x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Gallon Liability (12,582 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $50,590 (20,628 – 1,000) x 0.15 x $10 x 1.2 x 1.0 x 1.3 = $45,930 (1,129 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $563 (2,955 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $8,539 (20,208 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $83,901 (79,313 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $342,071 (15,257 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $62,275 2 When discharges occurred from both discharge points, a single 1,000 gallons is deducted from the volume. This accurately reflects the permit requirement and does not delete 1,000 gallons from each discharge point which would favor the discharger. If there was a discharge at both discharge points, a single day of violation is assessed. (11,389 – 1,000) x 0.28 x $10 x 1.2 x 1.0 x 1.3 = $45,379 Total: $639,248 Days of Violation x Per Day Factor x Statutory Max x Culpability Multiplier x Cleanup and Cooperation Multiplier x History of Violations Multiplier = Total Base Liability 1 x 0.15 x $10,000 x 1.2 x 1.0 x 1.3 = $2,340 For the rest of the days of violations (7 days of violation) 7 x 0.28 x $10,000 x 1.2 x 1.0 x 1.3 = $30,576

Determination of Total Base Liability Amount. The Total Base Liability amount for the violations is calculated by multiplying the initial amount (including any high-volume reductions) by the adjustment factors for each alleged violation (Initial Liability) x (Culpability) x (Cleanup/Cooperation) x (History of Violations). Where multiple violations or violation types are considered, the individually calculated Base Liability amounts are added together to determine the Total Base Liability. The applicable Total Base Liability amount for all SSOs is $415,355. 12 December 10, 2015 SSO #1: ($34,100 + $3,100) x 1.2 x 1 x 1 = $44,640 January 8, 2017 SSOs #2 and #3: ($161,138 + $3,100) x 1.1 x 1 x 1 = $180,662 February 20, 2017 SSO #4: ($169,675 + $3,100) x 1.1 x 1 x 1 = $190,053 Total Base Liability = $415,355