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g. 4, ffno clean-up action is undertaken by the respons~le party <br /> aRer 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 /> <br /> h. 5, if the responsible party hindered clean-up efforts. <br /> <br /> i. If the violator had knowledge that the discharge may enter the <br /> publ/c system and failed 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 maybe added to any of the values <br /> detem~ed in section E, (b)(1)(a-h). <br /> <br /> j. If a single violation can fall into more than one of the <br /> categories in section E, (b)(1)(a-h), the value of"H" shall be the largest value <br /> /n any of those categories. <br /> <br /> 2. "V" is the extem of violations of erosion or stormwater related <br /> statutes, roles, orders, or perm/ts by a respons~le pa~. The value of"V" shall be <br /> equal to the number of erosion or stormwater violations within the past 10 years <br /> regardless of whether enforcement actions were pursued. <br /> <br /> 3. "C" is the level of care exercised by the respons~ble 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 /> <br /> 1, if the violation was an unavoidable accident or was caused <br /> by others. This category is used when the civil penalty is assessed either (a) <br /> against aparty who is respons~le 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) agaimt the party-who caused the violation but could not have reasonably <br /> foreseen that a violation would occur. <br /> <br /> b. 2 or 3, if the violation was caused by a responsible party's <br /> negligence. Negligence is the fa/lure to exercise the care that a prudent <br /> person would exercise under the ckcumstances. Tiffs category is used where <br /> a party either caused a violation by carelessness or was negligent in taking the <br /> necessary corrective or preventative steps to reduce the possibility of the <br /> violation occurring. <br /> <br /> c. 4, ffthe violation was due to 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 act done by/ntention or desigr~ <br /> <br />Administrative Rule - 21 <br />C.\ l't~MP~3Er~osionPre v-2ao wpd <br /> <br /> <br />