15A NCAC 05F .0107        CRITERIA FOR DETERMINING AMOUNT OF PENALTY

In determining the amount of a civil penalty assessment, the director shall consider the following criteria insofar as they are appropriate to the violation:

(1)           nature of the violation;

(2)           degree and extent of the harm, including off‑site damage;

(3)           duration of the violation;

(4)           cause of the violation;

(5)           cost of compliance and rectifying any harm or damage;

(6)           violator's previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator;

(7)           staff investigative costs; and

(8)           effectiveness of any action taken by the operator.

 

History Note:        Authority G.S. 74‑61; 74‑62; 74‑63; 74‑64; 143B‑10;

Eff. May 1, 1982.