Sec. 15.18.07.04. Classifications of Violations for the Purpose of Determining Penalties

A. For a violation of Regulation .03 of this chapter, a penalty may be imposed by the Secretary, considering the nature and gravity of each violation as determined by §B of this regulation, consistent with the following standards:

(1) For the first violation, a penalty of not less than $100 or more than $500;

(2) For the second violation a penalty of not less than $500 or more than $1,500;

(3) For the third and any subsequent violation, a penalty of not less than $1,000 or more than $2,000.

B. Before imposing any administrative penalty under this chapter, the Secretary shall consider the following if relevant to a violation:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) The extent to which the violation caused harm to the environment;

(3) Any economic loss to the State or to citizens of the State; and

(4) The extent to which the violation is a part of a recurring pattern of violations.