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'~ . ~. i <br />2. <br />3. <br />c. Moderate - 25-SOX of the maximum assessable under "Potential <br />Damage". For example, a potentially moderate impact on the <br />stream. <br />d. Low - up to 25X of the mazimum assessable under "Potential <br />Damage". For ezample, a violation of an effluent standards, <br />such as TSS or BOD. <br />Willfulness - IIp to 25X of the mazimum penalty for each day <br />assessed as follows: <br />a. Recklessness - Assess penalty based on violator's disregard of <br />as obvious risk that a pollution incident is likely to occur <br />through his activities, i.e., Gould have been prevented. <br />Assess 100X of the total assigned to the "Willfulness" cate- <br />gory for violation of an ezisting permit condition or any <br />incident that occurred after the Division had given prior <br />(warning about the hazard. <br />b. ~~Q - Applies when the violator should have been aware <br />that his activities carried a degree of risk and did not act <br />in a responsible manner that would have been ezpected under <br />such circumstances, i.e., an accident. Assess 80X of the <br />' total that would be assessable for "Willfulness". <br />c. IInintentional - If a violation was caused by an occurence that <br />could not have been reasonably prevented. Asaesa 20X penalty <br />,under the "Willfulness" factor. <br />Violation History -The past record of the discharger is another <br />consideration in penalty assessment. <br />Assess up to lOX of the mazimum potential penalty based on viola- <br />tion history as follows: <br />a. Previous incidents at the same site - Assess 100X of the <br />portion allocated to violation history. <br />b. Previous incidents at other sites controlled by the discharger <br />- Assess 75X of the portion allocated to violation history. <br />c. No previous incidents - No assessment under this category. <br /> <br />51 <br />