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San Joaquin County <br />Environmental Health Department DIRECTOR <br />1868 East Hazelton Avenue Donna Heran, REHS <br />Stockton, California 95205-6232 <br />Website: www.sjgov.org/ehd <br />Phone: (209)468=3420 <br />Fax: (209)464-0138 <br />Penalty Assessment Analysis <br />Snyder Dump <br />PROGRAM COORDINATORS <br />Robert McClellon, REHS <br />Jeff Carruesco, REHS, RDI <br />Kasay Foley, REHS <br />Linda Turkatte, REHS <br />PRC section 45016 lists the matters to be considered prior to making a <br />determination regarding the amount of any liability that maybe imposed pursuant <br />to an order issued under PRC section 45000 et seq., and which include the <br />following: <br />(a) The. nature, circumstances, extent, and gravity of any violation or any <br />condition giving rise to the violation and the various remedies and penalties that <br />are appropriate in the given circumstances, with primary emphasis on protecting <br />the public health and safety and the environment. <br />(b) Whether the violations or conditions giving rise to the violation have been <br />corrected in a timely fashion or reasonable progress is being made. <br />(c) Whether the violations or conditions giving rise to the violation demonstrate a <br />chronic pattern of noncompliance with this division, the regulations adopted <br />pursuant to this division, or with the terms and conditions of a solid waste <br />facilities permit, or pose, or have posed, a serious risk to the public health and <br />safety or to the environment. <br />(d) Whether the violations or conditions giving rise to the violation <br />were intentional. <br />(e) Whether the violations or conditions giving rise to the violation were <br />voluntarily and promptly reported to appropriate authorities prior to the <br />commencement of an investigation by the enforcement agency. <br />(f) Whether the violations or conditions giving rise to the violation were due to <br />circumstances beyond the reasonable control of the violator or were otherwise <br />unavoidable under the circumstances. <br />(g) Whether in the case of violations of this division, or the regulations adopted <br />pursuant to this division, the violator has established... programs prior to <br />committing the violation that will help to prevent violations of the type committed <br />in the future. <br />