Current through September 30, 2024
Section 190.225 - Assessment considerationsIn determining the amount of a civil penalty under this part,
(a) The Associate Administrator will consider:(1) The nature, circumstances and gravity of the violation, including adverse impact on the environment;(2) The degree of the respondent's culpability;(3) The respondent's history of prior offenses;(4) Any good faith by the respondent in attempting to achieve compliance;(5) The effect on the respondent's ability to continue in business; and(b) The Associate Administrator may consider: (1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and(2) Such other matters as justice may require.Amdt. 190-16, 78 FR 58912, Sept. 25, 2013