15A NCAC 13B .0702       STANDARDS

In determining the amount of the administrative penalty, the Division shall consider the following standards:

(1)           Nature of the violation and the degree and extent of the harm, including at least the following:

(a)           For a violation of the Solid Waste Management Act, Article 9 of Chapter 130A of the North Carolina General Statures, and the rules adopted thereunder:

(i)            type of violation;

(ii)           type of waste involved;

(iii)          duration of the violation;

(iv)          cause (whether resulting from a negligent, reckless or intentional act or omission);

(v)           potential effect on public health and the environment;

(vi)          effectiveness of responsive measures taken by the violator;

(vii)         damage to private property.

(b)           For a violation of an order issued under the Solid Waste Management Act, Article 9 of Chapter 130A of the North Carolina General statutes:

(i)            subject matter of order;

(ii)           duration of the violation;

(iii)          cause (whether resulting from a negligent, reckless or intentional act or omission);

(iv)          type of violation, if any;

(v)           potential effect on public health and the environment;

(vi)          effectiveness of responsive measures taken by violator.

(c)           For refusing to allow an authorized representative of the Commission for Public Health, any local board of health, or the Department a right of entry as provided for in G.S. 130A‑17:

(i)            type of previous violation or other violation found after entry, if any;

(ii)           duration of refusal;

(iii)          potential effect on public health and the environment;

(iv)          type of waste handled by violator at the solid waste management facility.

(2)           Cost of rectifying any damage.

(3)           The violator's previous record in complying or not complying with the Solid Waste Management Act and the regulations promulgated thereunder.

 

History Note:        Authority G.S. 130A‑22(f);

Eff. April 1, 1982;

Amended Eff. September 1, 1990; October 1, 1984.