15A N.C. Admin. Code 5F.0107

Current through Register Vol. 39, No. 11, December 2, 2024

Section 05F .0107 - CRITERIA FOR DETERMINING AMOUNT OF PENALTY

In determining the amount of a civil penalty assessment, the director shall consider the following criteria insofar as they are appropriate to the violation:

(1) nature of the violation;

(2) degree and extent of the harm, including off-site damage;

(3) duration of the violation;

(4) cause of the violation;

(5) cost of compliance and rectifying any harm or damage;

(6) violator's previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator;

(7) staff investigative costs; and

(8) effectiveness of any action taken by the operator.

15A N.C. Admin. Code 05F .0107

Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10;
Eff. May 1, 1982.

Authority G.S. 74-61; 74-62; 74-63; 74-64; 143B-10;
Eff. 5/1/1982.