8 CAR § 10-109. Determination of amount

(a) In determining the amount of a civil penalty to be assessed hereunder, the Division of Environmental Quality shall consider the following factors which may increase or decrease the amount of the assessed fine: (1) The seriousness of the noncompliance and its effect upon the environment, including the degree of potential or actual risk or harm to the public health caused by the violation; (2) Whether the cause of the noncompliance was an unavoidable accident; (3) The violator's cooperativeness and expeditious efforts to correct the violation; (4) The history of a violator in taking all reasonable steps or procedures necessary or appropriate to correct any noncompliance; (5) The violator's history of previous documented violations regardless of whether or not any administrative, civil, or criminal proceeding was commenced therefore; (6) Whether the cause of the violation was an intentional act or omission on the part of the violator; (7) Whether the noncompliance has resulted in economic benefit or pecuniary gain to the violator, including but not limited to cost avoidance; (8) Whether the pursuit and the execution of the enforcement action has resulted in unusual or extraordinary costs to the division or the public; (9) Whether any part of the noncompliance is attributable to the action or inaction of the state government; and (10) Whether the violator has delayed corrective action. (b)(1) These factors, along with the provisions of the above-named acts and specifically Acts 1991, No. 1057, shall be used when determining an appropriate amount. (2) In addition, the division may develop and utilize formulas for the calculation of penalties for specific offenses, in an effort to uniformly assign penalty amounts where practicable.