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.