Common use of Determination of Total Base Liability Amount Clause in Contracts

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