R311-208-4. Factors for Imposition of Section 19-6-416 Penalties

(1) Where the director determines a penalty is appropriate under Section 19-6-416, the penalty shall not be more than $500 per occurrence. Factors that mitigate against a higher penalty are: (a) a facility's certificate of compliance recently lapsed and product has been delivered; or (b) a facility is in compliance and replaces their tank and received one delivery of fuel without a certificate of compliance or authorization from the department, or a new facility or new tanks receive an initial delivery of fuel without a certificate of compliance or authorization from the director. (2) The director may assess a penalty against each violator involved in an illegal delivery occurrence. (a) if a violator is operating as a deliverer and an owner or operator, the violator may be assessed a penalty in each capacity.