Final Liability Amount Clause Samples

Final Liability Amount. The Final Liability Amount consists of the added amounts for each violation, with any allowed adjustments, provided the amount is within minimum and maximum liability amounts. The Combined Total Base Liability Amount was added to the investigation and enforcement costs accrued by the Los Angeles Water Board Prosecution Team. The Final Liability Amount is $7,382,447, which is within the minimum and maximum liability amounts.11 11 As explained in Section II, paragraph 12 of the Stipulated Order, the administrative civil liability was reduced to $6,000,000 under Enforcement Policy, section VI.B. (Settlement Considerations) in consideration of hearing and/or litigation risk. CALAS PARK STORMWATER AND WATER QUALITY IMPROVEMENTS SUPPLEMENTAL ENVIRONMENTAL PROJECT WORKPLAN‌‌‌‌‌ Calas Park Stormwater and Water Quality Improvements Supplemental Environmental Project (Calas Park SEP) Los Angeles County Sanitation Districts (public) Project Manager: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Supervising Engineer (▇▇▇) ▇▇▇-▇▇▇▇ extension 2811 City of ▇▇▇▇▇▇ (public) Project Manager: ▇▇▇▇▇▇ ▇▇▇, PE, Stormwater Engineer (▇▇▇) ▇▇▇-▇▇▇▇ extension 3523 ▇▇▇▇▇▇ is a Licensed Civil Engineer (CA) with 9 years of experience in both public and private stormwater infrastructure projects, water quality analysis, and infrastructure maintenance. He received his B.S. in Civil Engineering with an emphasis on Environmental Hydrology from the University of California, Irvine in 2014. He also holds a B.S. in Biology from the University of California, San Diego. At the City of ▇▇▇▇▇▇, ▇▇▇▇▇▇ works as the Stormwater Engineer managing and developing green infrastructure projects and managing MS4 permit compliance. Throughout his career, ▇▇▇▇▇▇ has worked on a variety of projects related to stormwater, encompassing roles such as conceptual design, planning, grant funding, construction, post- construction review, maintenance, and water quality testing in both urban and natural infrastructure. His experience in both private and public enterprises provide a solid foundation to guide the effective development and management of stormwater projects. ▇▇▇▇▇▇’s experience with multi-benefit stormwater infrastructure is extensive. He has worked on several public stormwater projects, notably: South Los Angeles Wetlands Park, Mar Vista Recreation Park BMP, Echo Park Lake Rehabilitation, and the City of ▇▇▇▇▇▇’▇ Carriage Crest Park Stormwater facility. He also has experience in designing and reviewing stormwater treatment and capture d...

Final Liability Amount. Based on the foregoing analysis, and consistent with the Enforcement Policy, the Final Liability Amount is the sum of the Total Base Liability Amount and other factors as justice may require totaling $259,002.

Final Liability Amount. Based on the foregoing analysis, and consistent with the Enforcement Policy, the final liability portion for the Discharger’s dibromochloromethane, dichlorobromomethane, total nitrogen, and total copper effluent limitation violations is the sum of the Total Base Liability Amount ($805,374 from Step 5 above) and other factors as justice may require ($4,381 from Step 8 above) totaling $809,755. The final liability portion for the Discharger’s pH effluent limitation violations is $138,000. The Final Liability Amount is the sum of the portions described above, or $947,755 ($809,755 + $138,000). Attachment: B-1: List of Alleged Effluent Limit Violations Attachment B­1: List of Effluent Limit Alleged Violations (Grouped by Pollutant)‌ Violation Date CIWQS Violation Number Pollutant Effluent Limit Effluent Limit Period Reported Result Days of Violation, or MMP as applicable 8/1/2023 1120832 Dibromochloromethane (Chlorodibromomethane) 0.8 µg/L Daily Maximum 1.0 µg/L 0* 8/31/2023 1120831 Dibromochloromethane (Chlorodibromomethane) 0.4 µg/L Monthly Average 1.0 µg/L 31 5/31/2023 1118156 Nitrogen, Total 10 mg/L Daily Maximum 21 mg/L 1 6/6/2023 1119058 Nitrogen, Total 10 mg/L Daily Maximum 16 mg/L 1 6/13/2023 1119059 Nitrogen, Total 10 mg/L Daily Maximum 18 mg/L 1 6/20/2023 1119049 Nitrogen, Total 10 mg/L Daily Maximum 26 mg/L 1 6/27/2023 1119034 Nitrogen, Total 10 mg/L Daily Maximum 15 mg/L 1 8/29/2023 1120836 Nitrogen, Total 10 mg/L Daily Maximum 11 mg/L 1 9/6/2023 1121273 Nitrogen, Total 10 mg/L Daily Maximum 12 mg/L 1 CIWQS Days of Violation Violation Pollutant Effluent Effluent Limit Reported Violation, or Date Number Limit Period Result MMP as applicable 6/30/2023 1119405 Copper, Total 7.5 µg/L Monthly Average 16.8 µg/L 30 7/31/2023 1129986 Copper, Total 7.5 µg/L Monthly Average 7.9 µg/L 31 5/24/2023 1118316 pH 7 mg/L Daily Minimum 6.9 mg/L MMP 5/25/2023 1118318 pH 7 mg/L Daily Minimum 6.8 mg/L MMP 5/26/2023 1118319 pH 7 mg/L Daily Minimum 6.8 mg/L MMP 5/27/2023 1118320 pH 7 mg/L Daily Minimum 6.9 mg/L MMP 5/28/2023 1118321 pH 7 mg/L Daily Minimum 6.7 mg/L MMP 5/29/2023 1118315 pH 7 mg/L Daily Minimum 6.7 mg/L MMP 5/30/2023 1118317 pH 7 mg/L Daily Minimum 6.5 mg/L MMP 5/31/2023 1118314 pH 7 mg/L Daily Minimum 6.4 mg/L MMP 6/1/2023 1119033 pH 7 mg/L Daily Minimum 6.7 mg/L MMP 6/2/2023 1119054 pH 7 mg/L Daily Minimum 6.7 mg/L MMP 6/3/2023 1119038 pH 7 mg/L Daily Minimum 6.6 mg/L MMP 6/4/2023 1119061 pH 7 mg/L Daily Minimum 6.6 mg/L MMP CIWQS Days of Violation Violat...

Final Liability Amount. The final liability amount generated by the Enforcement Policy for these two alleged violations is approximately $493,416 ($183,106 for Alleged Violation 1; $310,310 for Alleged Violation 2). This penalty was deemed too low. Instead of utilizing the volume of discharge or refusing to collapse days for alleged non- discharge violations, both of which are discretionary determinations, the Regional Water Board negotiated a settlement of $600,310, representing the maximum daily amounts for the alleged discharge violation (29 days x $10,000/day for Alleged Violation 1) and assessed Alleged Violation 2 consistent with the analysis above. The Prosecution Team also concluded that a multi-million-dollar penalty in response to this discharge was unnecessarily punitive. The settlement amount allows for a significant supplemental environmental project to be undertaken and, if the project is completed, allows suspension of a portion (up to 50%, consistent with the Supplemental Environmental Project Policy) of the monetary penalty. In addition, Lehigh has agreed to complete the project at a cost of approximately $800,000 to ensure the project’s efficacy and impact. The combination of improved riparian habitat and monetary penalty is an appropriate resolution of the alleged violations.

Final Liability Amount. Based on the foregoing analysis, and consistent with the Enforcement Policy, the Final Liability Amount is the sum of the Total Base Liability Amount and other factors as justice may require totaling $464,848 ($462,000 + $2,848). ATTACHMENT B‌‌ This document proposes administrative civil liability for certain effluent limitation violations committed by California Department of Corrections and Rehabilitation (CDCR or Discharger) at its California Men’s Colony (CMC) Wastewater Treatment Plant (WWTP) from May 24, 2023, through May 31, 2024. The effluent limitation violations alleged herein are either assessed a discretionary administrative civil liability pursuant to California Water Code (Water Code) section 13385, subdivision (a), or a mandatory minimum penalty pursuant to Water Code section 13385, subdivisions (h) and (i). The California Regional Water Quality Control Board, Central Coast Region (Central Coast Water Board) Prosecution Team (Prosecution Team) calculated the proposed discretionary administrative civil liability by following the State Water Resources Control Board’s (State Water Board) 2017 Water Quality Enforcement Policy (Enforcement Policy).1 On April 4, 2017, the State Water Board adopted Resolution 2017-0020 amending the Enforcement Policy. The Office of Administrative Law approved the 2017 Enforcement Policy, which became effective on October 5, 2017. The Enforcement Policy establishes a methodology for assessing discretionary administrative civil liability for violations of the Water Code and Federal Water Pollution Control Act (Clean Water Act). Use of the methodology incorporates Water Code sections 13327 and 13385 that require the Central Coast Water Board to consider specific factors when determining the amount of civil liability to impose, including “…the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue its business, any voluntary cleanup efforts undertaken, 1 Enforcement Policy: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/water_issues/programs/enforcement/water_quality_enforcement.shtml any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters that justice may require.” The Enforcement Policy also acknowledges that the Central Coast Water Board m...

Final Liability Amount. $124,238 Applicant: Santa Clarita Organization for Planning and the Environment Project Title: Newhall Creek Community Watershed Education and Restoration Project Amount requested: $100,896 Project duration: 32 months Project Description: Newhall Creek (Creek), a tributary of the Santa ▇▇▇▇▇ River, runs through the community of Newhall and past the ▇▇▇▇▇▇▇ Elementary School in the largely Spanish speaking area and disadvantaged community of Santa Clarita. The Creek, still natural in some areas, and rip-rapped or soft-bottom hardscaped in others, is often called "the Wash." It is littered with trash and the native flora is sometimes dominated by the invasive Arundo donax. Several drinking water ▇▇▇▇▇ are located downstream from this section of the Creek. 1) Lessons on watershed issues and its connection to water supply and water quality through hands on demos and projects. 2) Supervised watershed related field trips. 3) Creek clean-ups to improve water quality, involving both parents and students. 4) Student-led water quality testing. 5) Inclusion and growth of native riparian plants in the school's garden project for re- vegetation.

Final Liability Amount. The final liability amount consists of the added amounts for each violation, with any allowed adjustments, provided amounts are within the statutory minimum and maximum amounts. Based on the foregoing analysis, and consistent with the Enforcement Policy, the final proposed Administrative Civil Liability is $754,732. Attachment: Exhibit 1: BEN model Weekly Inspection (11/6/15) $ 125.00 ECI 1/21/2017 N 11/6/2015 1/1/2016 1/1/2016 7.40% $ 74 Weekly Inspection (11/13/15) $ 125.00 ECI 1/21/2017 N 11/13/2015 1/1/2016 1/1/2016 7.40% $ 74 Weekly Inspection (11/20/15) $ 125.00 ECI 1/21/2017 N 11/20/2015 1/1/2016 1/1/2016 7.40% $ 73 Weekly Inspection (11/27/15) $ 125.00 ECI 1/21/2017 N 11/27/2015 1/1/2016 1/1/2016 7.40% $ 73 Weekly Inspection (12/4/15) $ 125.00 ECI 1/21/2017 N 12/4/2015 1/1/2016 1/1/2016 7.40% $ 73 Weekly Inspection (12/11/15) $ 125.00 ECI 1/21/2017 N 12/11/2015 1/1/2016 1/1/2016 7.40% $ 73 Weekly Inspection (12/18/15) $ 125.00 ECI 1/21/2017 N 12/18/2015 1/1/2016 1/1/2016 7.40% $ 73 Weekly Inspection (12/25/15) $ 125.00 ECI 1/21/2017 N 12/25/2015 1/1/2016 1/1/2016 7.40% $ 73 Weekly Inspection (1/1/16) $ 125.00 ECI 1/21/2017 N 1/1/2016 1/1/2016 1/1/2016 7.30% $ 73 Weekly Inspection (1/8/16) $ 125.00 ECI 1/21/2017 N 1/8/2016 1/1/2016 1/1/2016 7.30% $ 73 Weekly Inspection (1/15/16) $ 125.00 ECI 1/21/2017 N 1/15/2016 1/1/2016 1/1/2016 7.30% $ 73 Weekly Inspection (1/22/16) $ 125.00 ECI 1/21/2017 N 1/22/2016 1/1/2016 1/1/2016 7.30% $ 73 Weekly Inspection (1/29/16) $ 125.00 ECI 1/21/2017 N 1/29/2016 1/1/2016 1/1/2016 7.30% $ 72 Weekly Inspection (2/5/16) $ 125.00 ECI 1/21/2017 N 2/5/2016 1/1/2016 1/1/2016 7.30% $ 72 Weekly Inspection (2/12/16) $ 125.00 ECI 1/21/2017 N 2/12/2016 1/1/2016 1/1/2016 7.30% $ 72 Income Tax Schedule: Corporation Analyst: ▇▇▇▇▇ ▇▇▇▇▇ Total Benefit: $ 1,095 USEPA BEN Model Version: Version 5.6.0 (April 2016) Date/Time of Analysis: 10/19/2016 13:58 Assunptions: 1 Inspection labor rate assumed to be $25 per hour. Weekly inspections assumed to require 5 hours of labor. 2 O&M Plan development assumed to include 80 hours of labor at consultant rate of $100 per hour. 3 Labor rates indexed using the Employment Cost Index (ECI). 4 Non‐compliance Date for each weekly inspection is assumed to be Friday for each week of operation, with the exception of April 27, 2016, which was identified as the final day of the snow removal period. 5 Compliance date for weekly inspection is irrevelant, as these expenses are assumed to be avoided. 6 Complian...

Final Liability Amount. The final liability amount consists of the added amounts for the violation, with any allowed adjustments, provided amounts are within the statutory minimum and maximum amounts. The proposed administrative civil liability is $309,140. 1. Project Name

Final Liability Amount. Based on the foregoing analysis, and consistent with the Enforcement Policy, the final liability amount proposed for the alleged violations is $3,646,790. This liability falls within the statutory maximum and minimum liability amounts. 1. Overview