Calculation of a Penalty pursuant to 360 CMR 2.33(1) and (6)
For each discharge violation:
Evaluation Criteria | Score | Weight Factor | Weighted Score |
Violation Magnitude | ____ | x 30 | =____ |
Flow | ____ | x 30 | =____ |
Culpability | ____ | x 20 | =____ |
Frequency | ____ | x 20 | =____ |
TOTAL | x $10 | ||
PENALTY AMOUNT | ____ |
Adjustment factors | |
To make the violator's failure to comply more costly than if the violator had complied | +____ |
To help to deter future noncompliance by the violator or others | +____ |
To compensate the Authority or others for damages suffered or costs incurred | +____ |
To compensate for other damages to the public health safety, welfare, or the environment | +____ |
If previous penalties did not assure compliance by the violator | +____ |
Violator's ability to pay | -____ |
TOTAL PENALTY AFTER ADJUSTMENT | $____ |
360 CMR, 2, A