Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › Appendix B

Current through Register 1525, July 5, 2024
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
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).