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<br />2:. Moderate - $3,500 - $7,500 per violation per day for discharging small <br />volumes of toxic or hazardous substances or large volumes of non-tonic <br />substances, causing any identifiable effects on the receiving waters. <br />The discharge has caused or is likely to cause substantial, clear and <br />definite but not serious damage to public health, safety, or welfare, or <br />to the environment. <br />3. Minor (impaired use) - 51,000 - X3,500 per violation per day for dis- <br />charging relatively small quantities of non-toxic substances. The <br />discharge has caused or is likely to cause some damage to public health, <br />safety, or welfare, or to the environment. <br />No attempt has been made to define large: or small volumes of materials dis- <br />charged. The assignment of a category should be based on experience. <br />B. Potential Damage, Willfullness, and Violation History <br />Once the maximum penalty for severity for an incident has been estab- <br />lished in Section 9, above, the penalty can be calculated by applying a <br />percentage factor for damage, willfullness and violation history, as <br />follows: <br />1. Potential Damage - Up to 65X of the maaimum penalty. <br />2. Willfulness - Up to 25X of the maximum penalty. <br />3. Violation Nistory - Up to lOX of the maximum penalty. <br />More detailed considerations for the assessment are as follows: <br />1. Potential Damage - Up to 65X of the maximum penalty for each day of <br />violation can be assessed for damage. Potential damage has always <br />been a difficult category fox penalty assessment because of the <br />problems associated with placing a value on a hazard or inconven- <br />ience to xater users, damage to aquatic life, and lost recreational <br />use. For these reasons, a system was deve~.oped based an the value <br />of the affected waters and their uses, rather than actual damage. <br />Apply the assessment for potential damage by considering the affected <br />waters by the stream uses that were affected sad the value of the <br />resource ae it existed at the time of the incident as follows: <br />a. Extraordinary - 75-100X of the mazimum assessable under <br />X 'Potential Damage". For example, documented damage to <br />receiving streams or risk to public health. <br />b. High - 50-75X of the maximum assessable under "Potential <br />Damage". For example, a potentially significant impact on the <br />stream, and/or to public health. <br />50 <br />