Common use of Final Liability Amount Clause in Contracts

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 must impose liability in amounts no less than the mandatory minimum prescribed by statute. Mandatory minimum penalties for effluent limitation violations are prescribed pursuant to Water Code section 13385, subdivisions (h) and (i). The mandatory minimum penalties, proposed administrative civil liability, and maximum administrative civil liability are considered below.