6/12/2015 Construction/Permitting Violations Illicit Discharge/ - PDF document

6/12/2015  Construction/Permitting Violations  Illicit Discharge/ Illicit Connection/ Improper Disposal  Failure to Comply with a Permit  Failure to Comply with Permanent Stormwater Management Requirements  Failure to Comply with a County Request 1. Initiation of construction activity without a site development/land disturbing/grading permit. 1

6/12/2015 2. Failure to properly operate and/or maintain all BMPs, components, facilities, and equipment associated with site Erosion Prevention and Sediment Control (EPSC). 1. Number of days per violation 2. Calculate economic benefit of non-compliance 3. Potential for harm 4. Extent of deviation 5. Recalcitrance (1.1 to 2.5 multiplication factor) 6. Multiple violations (1.1 to 2.5 multiplication factor) 7. Repeat Violator (1.1 to 3.0 multiplication factor) 8. Degree of cooperation/good faith efforts (15%) 9. Measures to prevent reoccurrence (15%) 10.Other considerations (20%) Politics 2

6/12/2015 Extent of Deviation Minor Moderate Major Minor $0 – $1,500 – $3,000 – $1,500 $3,000 $4,500 Potential for Harm Moderate $1,500 – $3,000 – $4,500 – $3,000 $4,500 $6,000 Major $3,000 – $4,500 – $6,000 – $4,500 $6,000 $7,500 Penalty Range  Pre-Co Constructi ction Meeti ting – NTC issued ◦ LDA w/o permit  2 nd Inspecti ction – NTC issued ◦ Unmaintained BMPs (2)  3 rd Inspecti ction – NTC issued ◦ Work occurring outside of install/maint. of stormwater controls ◦ Unmaintained BMP (1) ◦ Off-site impacts to TSS impaired waterbody 3

6/12/2015 Schmidt Farms Civil Penalty Calculation Maximum Allowable penalty by ordinance = $108,000 1) Economic Benefit of non-compliance – Undetermined 2) Construction/Permitting Violations = $750 A. Potential for Harm – Minor B. Extent of Deviation – Minor 3) Operation & Maintenance = $10,125 A. Potential for Harm – Major B. Extent of Deviation – Major C. Multiple Violation Factor – 1.5 ($6750 x 1.5 = $10,125) 4) Failure to Comply with a County Request = $5,250 A. Potential for Harm – Major B. Extent of Deviation – Moderate 750 + 10,125 + 5,250 = $16,125 The calculated civil penalty of $16,125 was determined to be more appropriate than the maximum allowable penalty of $108,000. Penalty reduced 15% for reoccurrence prevention and another 20% due to other considerations for a total penalty of $10,965. The penalty is to be paid as follows: $3,655 due on June 27, 2014, September 30, 2014, and December 31, 2014 __________________________ _______ John Schmidt Date 4