S.C. Code Regs. 89-250. Criteria for Determining Amount of Civil Penalty

In determining the amount of civil penalty assessment, pursuant to Section 48-20-220 of the S. C. Mining Act, the Department shall consider the following criteria insofar as they are appropriate to the violation: (A) Nature of violation; (B) Degree and extent of the harm, including off-site damage; (C) Duration of the violation; (D) Cause of the violation; (E) Cost of compliance and rectifying any harm or damage; (F) Violator’s previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator; (G) Documented staff investigative costs consisting of salary plus expenses, exclusive of overhead; (H) Effectiveness of any action taken by the operator; (I) Magnitude of potential or actual gains by the operator resulting from the violation; (J) Demonstration of good faith by operator.