Initial Liability Amount. The Enforcement Policy allows for an adjusted maximum per gallon assessment for “High Volume Discharge.” This discharge qualifies as a high volume discharge because it is similar to recycled water and reducing the maximum amount does not result in an inappropriately small penalty. So, a maximum $1 per gallon is used to determine the initial liability. The initial liability for the violation is calculated on a per-gallon and per- day basis as follows: Per Gallon Liability: (8,206,560 gallons) x (0.2) x ($1/gallons) = $1,641,312 Per Day Liability: $10,000/day x (0.2) x (5 days) = $10,000 Total Initial Liability = $1,651,312
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Sources: Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order, Settlement Agreement and Stipulation for Entry of Administrative Civil Liability