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SECTION VII. DOCII!ffi~TATION <br />It. rill be the responsibility of the Water Quality Control Diviaion.to docu- <br />ment that a violation has occurred, and the amount of the fine recommended to <br />the Assistant Director, Office of Health Protection, using the above guide- <br />lines. Proper documentation becomes critical. rhea the Division has to defend <br />their position is a hearing or court. <br />Procedures for Assessing Civil Penalties <br />The actual calculation of civil penalties rill be done by the Permits and <br />Enforcement Section, and shall be reviexed by the Division Director and <br />Deputy.Diviaion Director prior to forwarding recommendations to the"Assistant <br />Director, Office of Health Protection. <br />Computing penalties for permit violations can be done using the following <br />procedures. <br />If the violation is only a failure to file required reports or pay annual <br />fees, go to Step 13 to determine penalty to be assessed. Otherwise, for all <br />other violations, start with Section I, Step 1, ae follows: <br />SECTION I - Basic Penalty <br />Step 1 - Establish the category of the violation :as severe, moderate or <br />minor to reflect severity; and determine the mazimum penalty. <br />Step 2 - Using up to 65X of the mazimum penalty from Step 1, apply the <br />percentage associated with stream use and value to determine <br />"Potential Damage" assessment. <br />Step 3 - IIsing up to 25X of the mazimum penalty from Step 1, apply the <br />percentage associated with the appropriate degree of willfulness to <br />determine the "Willfulness" assessment. <br />Step 4 - Using up to lOX of the mazimum penalty from Step 1, apply the <br />appropriate percentage associated xith violation history to deter- <br />mine the "Violation History" assessment. <br />Step S - Add the amounts in Step 2 through 4 and obtain the total for [he <br />basic penalty (Section I). <br />Section II - Failure to Report <br />Step 6 - Multiply the amount in Step 5 by the appropriate percentage (Sec- <br />tion II A, B, C or D) to obtain the penalty amount for "Failure to• <br />Report" (Section II). <br />Step 7 - Add the amounts in Step 5 and Step 6. <br />t <br />~~- <br />SE <br />Se <br />Se <br />Se <br />54 <br />