360 CMR, 2, 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 |
360 CMR, 2, 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).