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:..s:, <br />iECTION II - FAILURE TO REPORT <br />Failure to report a violation can have considerable impact on the severity of <br />the incident. It is to be considered a separate violation. The penalty for <br />failure to report an incident should reflect the results that the failure had <br />on the effects of the incident. <br />A. If failure to report resulted in ezt:ensive preventable damage or a <br />threat to health or safety that could hc:ve been avoided by prompt repor- <br />ting, assess 100X ~of the sum of the amounts assessed for "Potential <br />Damage", "Willfulness" and "Violation History". <br />B. If failure to report resulted is a preventable inconvenience to water <br />users, or damage that could have been prevented by prompt reporting, <br />assess SOX of the sum of the amounts assessed for 'Potential Damage", <br />"Willfulness" and "Violation History". <br />C. If failure to report resulted in no ticeable increase in damage or <br />inconvenience to water users, asses~l0 Hof the sum of the amounts <br />assessed for "Potential Damage", "Willfulness" and "Violation History". <br />D. There should be no assessment under this section if the violation was <br />promptly reported. <br />ECTION III - DISCOUNTING FOR COOPERATION <br />Note that none of the calculations up to this point reflect the degree of <br />cooperation received from the discharger. Rather than get into a complez <br />system of subtracting actual costs which are difficult to verify, subtract a <br />percentage of the total penalty (arrived at by adding together the amounts <br />assessed under Sections Z and II as follows: <br />A. Good cooperation - Deduct 15X. <br />B. Fair cooperation - Deduct 5-10%. <br />C. Poor cooperation - No deduction permitted. <br />Good cooperation occurs when the violator quickly admits responsibility for <br />the violation, cooperates fully during State monitoring, etc. to the highest <br />possible degree, and takes other measures, such as providing laboratory <br />facilities. These actions must be voluntary and on the violator's own <br />initiative. <br />Fair cooperation occurs when the violator does what he has to prevent addi- <br />tional violations. The violator must be requested to take some of the <br />actions rather than initiating these actions on his own. <br />Poor cooperation occurs when the violator i~; reluctant to admit responsibil- <br />ity of the violations, or falls to cooperate during State monitoring, etc. <br />Cooperation is also considered to be poor if a violator must be persuaded or <br />ordered to take action. <br />SECT <br />SEC4 <br />SEC1 <br />52 <br />