Sec. 15.20.07.08. Administrative Penalty for Failure to File Annual Implementation Report

A. If a person fails to file an annual implementation report with the Department in a timely manner as provided under Regulation .06A(3) of this chapter, the Department shall notify the person that:

(1) The person is in violation of the requirement to file an annual implementation report; and

(2) The person is subject to:

(a) After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250;

(b) After 60 days from issuance of the notice, an administrative penalty of not less than $250 and not more than $1,000; and

(c) After 90 days from issuance of the notice, an administrative penalty of not less than $1,000.

B. A penalty imposed on a person under §A of this regulation shall be assessed with consideration given to:

(1) The willfulness of the violation; and

(2) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.