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

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 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 = ($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 4,626 by not covering applying an erosion control BMP (e.g., spraying of bonded fiber matrix) on the inactive large stockpile. Bonded fiber matrix could have been used to cover the stockpilefinished areas. Bonded fiber matrix costs approximately $3,9016 3,9015 per acre to install. Assuming that one-half one acre was inactive, the cost would be $1,9513,901. The economic benefit of not spraying the bonded fiber matrix is $2,3144,626. See Exhibit No. 7, Economic Benefit Calculation Violation and Supporting Documentation.