§ 990.52. Injury assessment---quantification.
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/us/cfr/t15/s§ 990.52·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. In addition to determining whether injuries have resulted from the incident, trustees must quantify the degree, and spatial and temporal extent of such injuries relative to baseline.
(b)Quantification approaches. Trustees may quantify injuries in terms of:
(1)The degree, and spatial and temporal extent of the injury to a natural resource;
(2)The degree, and spatial and temporal extent of injury to a natural resource, with subsequent translation of that adverse change to a reduction in services provided by the natural resource; or
(3)The amount of services lost as a result of the incident.
(c)Natural recovery. To quantify injury, trustees must estimate, quantitatively or qualitatively, the time for natural recovery without restoration, but including any response actions. The analysis of natural recovery may consider such factors as:
(1)The nature, degree, and spatial and temporal extent of injury;
(2)The sensitivity and vulnerability of the injured natural resource and/or service;
(3)The reproductive and recruitment potential;
(4)The resistance and resilience (stability) of the affected environment;
(5)The natural variability; and
(6)The physical/chemical processes of the affected environment.