329 IAC 9-11-2 Gravity based penalty

Sec. 2. (a) The department shall determine the gravity based penalty for a violation as follows: (1) The department shall assess a penalty sufficient to remove an incentive to operate in violation based on the penalty matrix in subsection (b). (2) The penalty assessed under subsection (b) is multiplied by the number of violative tanks. (3) The penalty determined under subdivision (2) is multiplied by the days of noncompliance multiplier described in subsection (c). (b) The department shall assess penalties sufficient to remove an incentive to operate in violation based on the following penalty matrix: Potential for Harm Extent of Deviation from Requirement Major Moderate Minor Major $10,000 to $8,000 $8,000 to $6,000 $6,000 to $5,000 Moderate $5,000 to $4,000 $4,000 to $3,000 $3,000 to $2,000 Minor $2,000 to $1,400 $1,400 to $800 $800 to $400 (c) To produce the base civil penalty, the department shall multiply the assessed penalty from subsection (b) by the: (1) number of tanks in violation; and (2) following multiplier associated with the number of days in noncompliance: Days of Noncompliance Multiplier 1 to 90 1.00 91 to 180 1.25 181 to 270 1.50 271 to 365 1.75 366 and over 2.00 (d) The resulting base civil penalty from subsection (c) may be adjusted upward or downward based on the following adjustment factors to produce the gravity based penalty: (1) Actions before the violation. (2) Actions after the violation. (3) History of noncompliance. (4) Ability to pay. (5) Cost of enforcement action by the department. (6) Unanticipated circumstances, such as additional evidence that leads to a significant reevaluation of the facts surrounding a violation.