360 CMR app B

Example of a Penalty calculation pursuant to 360 CMR 2.33(1)(b):

Example of Facts:

A sewer user has a process discharge of 20,000 gallons per day. In its last four monitoring reports, the following violations have been found: 1 lead violation at 0.4 mg/l (assume lead has a limit of 0.2 mg/l); 1 copper violation at 6.0 mg/l and one copper violation at 1.8 mg/l (assume copper has a limit of 1.0 mg/l); one mercury violation at 0.004 mg/l (assume mercury is a prohibited substance with an enforcement limit of 0.001 mg/l); and two pH violations, one at 4.2 S.U. and one at 12.4 S.U. (assume pH is a violation if it is outside the range of 5.5-12.0 S.U.).

Use of the Penalty Calculation Chart:

For lead at 0.4 mg/l, the Authority determining that the violation was caused by negligence in operating pretreatment:

Evaluation Criteria	Score	Weight Factor	Weighted Score
Violation Magnitude	3	x 30	=90
Flow	4	x 30	=120
Culpability	4	x 20	=80
Frequency	4	x 20	=80
TOTAL	370
x $10
PENALTY AMOUNT	$3,700

For copper at 6.0 mg/l, the Authority determining that the violation was caused by gross negligence in exceeding the design flow of the pretreatment system:

Evaluation Criteria	Score	Weight Factor	Weighted Score
Violation Magnitude	10	x 30	= 300
Flow	4	x 30	= 120
Culpability	8	x 20	= 160
Frequency	8	x 20	= 160
TOTAL	740 x $10
PENALTY AMOUNT	$7,400

For copper at 1.8 mg/l, the Authority determining that the violation was caused by gross negligence in exceeding the design flow of the pretreatment system:

Evaluation Criteria	Score Weight Factor	Weighted Score
Violation Magnitude	2 x 30	= 60
Flow	4 x 30	= 120
Culpability	8 x 20	= 160
Frequency	8 x 20	= 160
TOTAL	500 x $10
PENALTY AMOUNT	$5,000

For mercury at 0.004 mg/l, the Authority determining that the violation was an intentional discharge of mercury without pretreatment:

Evaluation Criteria	Score Weight Factor	Weighted Score
Violation Magnitude	10 x 30	= 300
Flow	4 x 30	= 120
Culpability	10 x 20	= 200
Frequency	4 x 20	= 80
TOTAL	700 x $10
PENALTY AMOUNT	$7,000

For pH at 4.2 S.U., the Authority determining that the pretreatment system was known by the user to be inadequate to prevent pH violations:

Evaluation Criteria	Score Weight Factor	Weighted Score
Violation Magnitude	5 x 30	= 150
Flow	4 x 30	= 120
Culpability	9 x 20	= 180
Frequency	8 x 20	= 160
TOTAL	610 x $10
PENALTY AMOUNT	$6,100

For pH at 12.4 S.U., the Authority determining that the pretreatment system was known by the user to be inadequate to prevent pH violations:

Evaluation Criteria	Score Weight Factor	Weighted Score
Violation Magnitude	1 x 30	= 30
Flow	4 x 30	= 120
Culpability	9 x 20	= 180
Frequency	8 x 20	= 160
TOTAL	490 x $10
PENALTY AMOUNT	$4,900

Notes

360 CMR app B

The penalties so calculated would then be reviewed according to the adjustment factors of 360 CMR 2.33(1)(c) and 360 CMR 2.33(6).