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EXHIBIT B <br />D. Days of Violation Determination <br />Days of <br />Violation <br />Line 8 1 Total Days of Violation 1 1 15 1 <br />Justification: The Civil Penalty Policy outlines several methodologies to determining the <br />days of violation for purposes of calculating a penalty for effluent violations. One of these <br />methods is to set the days of violation equal to the actual number of samples which exceed <br />the limitation. The Division had individual sample data for each monitoring event that <br />occurred during the period in question (2"d quarter 2011 through 2nd quarter 2014) and <br />therefore chose to follow this method and set the number of days of violation equal to the <br />actual number of samples that exceeded the effluent limitation, for a total of 15 days of <br />violation. As detailed in line 1 above, only one day of violation was assigned to the 1s' Q <br />2014. <br />Note that this determination of days of violation is for calculation purposes only and does <br />not reflect the actual duration of the violation. <br />E. Effluent Violations Multi -Day Penalty Calculation <br />Peabody Penalty Computation Worksheet <br />Page 3 of 6 <br />Amount in <br />Dollars <br />Line 9 <br />Multi -Day Penalty Amount <br />$57,743.00 <br />Calculation: <br />(Potential Damage + Fault + History) x Days of Violation <br />($0 + $0 +$0) x X = $0 <br />Outfall 002A violations <br />2nd Q 2011: 4/20/2011($3122 + $1500 + $0) x 1= $4,622 <br />5/5/2011 ($3122 + $1500 + $0) x 1= $4,622 <br />6/16/2011 ($2744 + $1500 + $0) x 1= $4,244 <br />3rd Q 2011: 7/1/2011 ($2156 + $1500 + $0) x 1= $3,656 <br />8/8/2011 ($2100 + $1500 + $0) x 1= $3,600 <br />4th Q 2011: 11 /2/2011 ($1680 + $1500 + $0) x 1= $3,180 <br />2nd Q2012: 6/6/2012 ($2139 + $1500 + $0) x 1= $3,639 <br />Outfall 003A violations <br />2nd Q2013: 4/19/2013 ($1428 + $1500 + $0) x 1= $2,928 <br />Outfall 004A violations <br />2nd Q2011: 5/16/2011 ($3040 + $1500 + $0) x 1= $4,540 <br />6/13/2011 ($2688 + $1500 + $0) x 1= $4,188 <br />1St Q 2012: 3/6/2012 ($1728 + $1500 + $0) x 1= $3,228 <br />2nd Q 2012: 6/11/2012 ($2240 + $1500 + $0) x 1= $3,740 <br />2nd Q2013: 4/18/2013 ($2224 + $1500 + $0) x 1= $3,724 <br />1St Q 2014: 1/8/2014 ($2416 + $1500 + $0) x 1= $3,916 <br />2nd Q 2014: 4/21/2014 ($2416 + $1500 + $0) x 1= $3,916 <br />TOTAL= $57,743 <br />Peabody Penalty Computation Worksheet <br />Page 3 of 6 <br />