Ga. Comp. R. & Regs. 391-1-2-.09

Current through Rules and Regulations filed through November 21, 2024

Rule 391-1-2-.09 - Criteria for Review and for Determining Civil Penalties

In rendering a decision imposing civil penalties, the ALJ shall consider all factors which are relevant including the factors listed below to the extent applicable and not inconsistent with statutory or more specific regulatory provisions.

(a) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply;

(b) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena;

(c) The nature of the violator's conduct which resulted in the violation in terms and inadvertence, negligence, recklessness, or knowing intent;

(d) The conduct of the violator to take promptly, or in failing or refusing to take promptly, all feasible steps or procedures necessary or appropriate to comply of to correct the violation or failure;

(e) Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, orders, or permits administered, adopted, or issued by a Department of Natural Resources Decision Maker;

(f) The character and degree of injury to or interference with the reasonable use of property which is caused or threatened to be caused by such violation or failure; and

(g) The character and degree of injury to or interference with public health and safety which is caused or threatened to be caused by such violation or failure.

Ga. Comp. R. & Regs. R. 391-1-2-.09

O.C.G.A. Sec. 50-13-22.

Original Rule entitled "Stay Pending Final Action of Board" was filed on July 29, 1982; effective August 18, 1982.

Amended: Rule repealed and a new Rule entitled "Notice of Hearing" adopted. Filed March 12, 1985; effective April 1, 1985.

Amended: Filed April 24, 1987; effective May 14, 1987.

Repealed: ER. 391-1-2-0.39-.09 entitled "Criteria for Review and for Determining Civil Penalties" adopted. F. Jun. 25, 1998; eff. Jun. 24, 1998, the date of adoption, to remain in effect for 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this ER, is adopted, as specified by the Agency.

Repealed: Permanent Rule adopted. F. Aug. 27, 1998; eff. Sept. 16, 1998.