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.
Appears in 2 contracts
Sources: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order, Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order