960067_PC-2020-0023 CPA Factors_20200913

DocuSign Envelope ID: 1822CA5E-ECE8-4143-9CC4-77B156A16C06
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: B & B Partnership Case Number: PC-2020-0023
County: Wayne Permit Number: AWI960067
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation:
Failure to maintain the lagoon structure allows for greater potential, for discharges of waste into the
environment by seepage, breeches, and runoff.
2) The duration and gravity of the violation:
Unknown.
3) The effect on ground or surface water quantity or quality or on air quality:
Unknown.
4) The cost of rectifying the damage:
The cost would be the daily/yearly maintenance costs.
5) The amount of money saved by noncompliance:
Unknown.
6) Whether the violation was committed willfully or intentionally;
Failure to comply with the Permit was not intentional. It appears that the OIC is overwhelmed with daily
tasks and put records and maintenance issues on hold.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
A database and file review indicates that the facility received a previous violation on January 5, 2019
(NOV-2019-PC-0001) for record keeping issues.
8) Cost to the State for the enforcement procedures:
9/13/2020
Total $ 171.96
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Date Jeff Poupart
rev 1.0 - 8.31.09