Laserfiche WebLink
log(s). <br />3. "C" is the level of care exercised by the responsible parry. It is <br />based on whether the cause of the violation was an unavoidable accident, <br />negligence, or a reckless or intentional act. The value of "C" shall be: <br />a. 1, if the violation was an unavoidable accident or was <br />caused by others. This category is used when the civil penalty is assessed <br />either (a) against a party who is responsible for the property, such as an <br />owner, but who was not physically in charge of the property when the <br />violation occurred; or (b) against the party who caused the violation but <br />could not have reasonably foreseen that a violation would occur. <br />b. 2 -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 <br />where a party either caused a violation by carelessness or was negligent in <br />taking the necessary corrective or preventative steps to reduce the <br />possibility of the violation occurring. <br />C. 4, if the 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 purpose or design. The <br />responsible party does not have to act with the intention to pollute or cause <br />a violation for an act to be considered intentional, only that their action <br />that created a violation was in and of itself intentional. <br />(c) "G" is the gravity and magnitude of the violation. The value of "G shall <br />be determined and set at the time the enforcement officer initiates compliance efforts. <br />This value shall not be decreased if, after compliance efforts are initiated, actions are <br />taken to reduce the gravity of the situation. The value of "G" shall be from 1 through 10 <br />and shall be based on the following considerations: <br />a. The significance of the violation due to the quantity and/or <br />type of substance released. <br />b. The potential for further dispersion of the released <br />substance within the clean-up and/or mitigation time frame established by <br />the enforcement officer. <br />C. I The immediate threat posed to life, property, or the <br />environment. <br />d. The proximity to the City's stormwater system, and related <br />natural resources. <br />Administrative Order - Page 9 of 12 <br />