1 - The violation is not the result of negligence and the violator expended all possible effort to comply with the requirement in question or the violator has completed all actions to correct the violation.
2 to 4 - The violation is the result of an oversight by the violator and could have been avoided if a more conscientious effort had been made in the operation of the facility or the violator has begun but not completed current actions to correct the violation.
5 to 7 - The violation is obvious and a result of a lack of reasonable care by the violator or the violator has taken inadequate action to correct the violation.
8 to 10 - The violation is the result of a complete disregard for the requirement in question or the violator failed to respond to a previous enforcement action pertaining to the same requirement.
W. Va. Code R. agency 33, tit. 33, ser. 33-22, tbl. E