Laserfiche WebLink
g. 4, if no clean-up action is undertaken by the responsible party <br />after being made aware of the violation by federal; state, or local regulatory <br />agency personnel, or when they became aware of the discharge causing the, <br />violation by any means. <br />h. 5, if the responsible party hindered clean-up efforts. <br />i. Ifthe violator had knowledge that the discharge may enter the <br />public system and raided to report or attempt to report the discharge to the <br />City of Eugene in a time frame that would allow for mitigation, even if <br />mitigation is not possible, a value of one may be ,added to any of the values <br />determined in section E, (b)(1)(a h). <br />j. If a :single violation can fall into more than one of the <br />categories in section E, (b)(l)(a-h), the value of"H" shall be the largest value <br />in any of those categories. <br />2. "V" is the extent of violations of erosion or storinwater related <br />statutes, rules, orders, or permits by a responsible party. The value of N" shall be <br />equal to the number of erosion or stormwater violations within the past 10 years <br />regardless ofwhether enforcement actions were pursued. <br />3. "C" is the level of care exercised by the responsible party. It is based <br />on whether the cause of the violation was an unavoidable accident, negligence, or a <br />reckless or intentional act. The value of "C" shall range from 1 to 4, and shall be: <br />a. 1, if the violation was an unavoidable accident or was caused <br />by others. Tliis category is used when the civil penalty is assessed either (a) <br />against aparty who is responsible for the property, such as an owner, but who <br />was not physically in charge of the property when the violation occurred, or <br />(b) against the party who caused the violation but could not have reasonably <br />foreseen that a violation would occur; <br />b. 2 or 3, if the violation was caused by a responsible party's , <br />negligence: Negligence is the failure to exercise the care that a .prudent <br />person would exercise under the circumstances. This category is used where <br />a party either caused a violation by carelessness or was negligent in tatting the <br />necessary corrective or preventative steps to reduce the possibility of the <br />violation occurring. <br />C. 4, if the violation was dueto reckless or intentional acts. A <br />reckless act is marked by a lack of proper caution,; or carelessness of <br />consequences. An intentional act is an acct done by intention or design: <br />Administrative Rule -21 <br />C: YFEM P ID 3 Erus io)jP ru v-2au.wEzi <br />