6/12/2015 Construction/Permitting Violations Illicit Discharge/ - - PDF document

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 Construction/Permitting Violations  Illicit Discharge/ Illicit Connection/ Improper

Disposal

 Failure to Comply with a Permit  Failure to Comply with Permanent Stormwater

Management Requirements

 Failure to Comply with a County Request 1. Initiation of construction activity without a site development/land disturbing/grading permit.

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2. Failure to properly operate and/or maintain all BMPs, components, facilities, and equipment associated with site Erosion Prevention and Sediment Control (EPSC).

• 1. Number of days per violation
• 2. Calculate economic benefit of non-compliance
• 3. Potential for harm
• 4. Extent of deviation
• 5. Recalcitrance (1.1 to 2.5 multiplication factor)
• 6. Multiple violations (1.1 to 2.5 multiplication

factor)

• 7. Repeat Violator (1.1 to 3.0 multiplication factor)
• 8. Degree of cooperation/good faith efforts (15%)
• 9. Measures to prevent reoccurrence (15%)

10.Other considerations (20%)

Politics

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Extent of Deviation

Minor Moderate Major

Potential for Harm

Minor $0 – $1,500 $1,500 – $3,000 $3,000 – $4,500 Moderate $1,500 – $3,000 $3,000 – $4,500 $4,500 – $6,000 Major $3,000 – $4,500 $4,500 – $6,000 $6,000 – $7,500 Penalty Range

 Pre-Co

Constructi ction Meeti ting – NTC issued

• LDA w/o permit

 2nd Inspecti

ction – NTC issued

• Unmaintained BMPs (2)

 3rd Inspecti

ction – NTC issued

• Work occurring outside of install/maint. of

stormwater controls

• Unmaintained BMP (1)
• Off-site impacts to TSS impaired waterbody

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Schmidt Farms Civil Penalty Calculation Maximum Allowable penalty by ordinance = $108,000 1) Economic Benefit of non-compliance – Undetermined 2) Construction/Permitting Violations = $750

• A. Potential for Harm – Minor
• B. Extent of Deviation – Minor

3) Operation & Maintenance = $10,125

• A. Potential for Harm – Major
• B. Extent of Deviation – Major
• C. Multiple Violation Factor – 1.5 ($6750 x 1.5 = $10,125)

4) Failure to Comply with a County Request = $5,250

• A. Potential for Harm – Major
• B. Extent of Deviation – Moderate

750 + 10,125 + 5,250 = $16,125 The calculated civil penalty of $16,125 was determined to be more appropriate than the maximum allowable penalty of $108,000. Penalty reduced 15% for reoccurrence prevention and another 20% due to other considerations for a total penalty of $10,965. The penalty is to be paid as follows: $3,655 due on June 27, 2014, September 30, 2014, and December 31, 2014 __________________________ _______ John Schmidt Date