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

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:

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:

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

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:

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:

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).