11 Alaska Admin. Code § 90.625

Current through May 31, 2024

Section 11 AAC 90.625 - Penalty assessment and computation

(a) The commissioner may assess a penalty for each violation contained in a notice of violation issued under 11 AAC 90.615 and will assess a penalty for each violation contained in a cessation order issued under 11 AAC 90.613. The commissioner will determine whether to assess a penalty and compute the amount of a penalty in accordance with this section.

(b) The commissioner will find the beginning dollar value by determining the seriousness of a violation based on the adverse environmental impact and the hazard to public health and safety. The value will be the sum of

(1) the degree of the adverse environmental impact, with no adverse impact assigned a zero dollar value,

(A) for a minimal degree of adverse impact, a dollar value of

(i) 25 for potential environmental impact;

(ii) 50 for actual environmental impact;

(iii) 100 for irreparable environmental impact;

(B) for a moderate degree of adverse impact, a dollar value of

(i) 50 for potential environmental impact;

(ii) 100 for actual environmental impact;

(iii) 150 for irreparable environmental impact;

(C) for a severe degree of adverse impact, a dollar value of

(i) 100 for potential environmental impact;

(ii) 150 for actual environmental impact;

(iii) 200 for irreparable environmental impact; and

(2) the degree of potential public health and safety hazard resulting from a violation, with no hazard assigned a $0 value, moderate hazard assigned a $75 value, and severe hazard assigned a $150 value.

(c) The commissioner will multiply the sum determined under (b) of this section by

(1) zero, if the extent of the damage or hazard is none or minimal, occurring on or off the permit area;

(2) three, if the extent of the damage or hazard is small and located on the permit area;

(3) six, if the extent of the damage or hazard is small and located off of the permit area;

(4) six, if the extent of the damage or hazard is moderate and located on the permit area;

(5) nine, if the extent of the damage or hazard is moderate and located off the permit area;

(6) nine, if the extent of the damage or hazard is large and located on the permit area;

(7) 12, if the extent of the damage or hazard is large and located off the permit area.

(d) If a violation does not result in a penalty under (b) and (c) of this section, but the violation obstructs program administration or enforcement, the commissioner will assess a penalty of $250.

(e) The commissioner will take the dollar value determined under (c) or (d) of this section and multiply it by the degree of fault, determined by the commissioner, as follows:

(1) if the violation could not have been prevented through the use of reasonable care, multiplied by a factor of one;

(2) if the violation occurred because of the operator's or permittee's lack of reasonable care, lack of diligence, or indifference, multiplied by a factor of two;

(3) if the violation occurred because of the disregard of a known situation likely to cause a violation or a known situation that should have been recognized as likely to cause a violation, multiplied by a factor of three;

(4) if the permittee or operator intentionally, voluntarily, or consciously ordered or carried out an act or omission with reckless disregard or plain indifference to legal requirements that resulted in a violation or the failure to abate or correct a violation, multiplied by a factor of four.

(f) The commissioner may modify the amount determined under (e) of this section

(1) by adding an additional $500 if three or more violations occurred at the same operation during the 12 months immediately preceding the notice of violation that are not the subject of administrative or judicial review at the time of the assessment;

(2) by reducing the amount for good-faith compliance with AS 27.21 and this chapter after receiving a notice of violation or cessation order, if the abatement is achieved in less time than originally set for abatement, with a

(A) 40 percent credit if the abatement is complete within 25 percent of the original abatement time;

(B) 25 percent credit if the abatement is complete within 50 percent of the original abatement time;

(C) 10 percent credit if the abatement is complete within 75 percent of the original abatement time.

(g) The commissioner may assess a separate civil penalty, computed under (b) - (f) of this section, for each day after the date the commissioner issued the notice of violation or cessation order if

(1) the violation continued to cause irreparable damage after the date the commissioner issued the notice of violation or cessation order;

(2) the degree of fault was determined under (e)(2) or (3) of this section;

(3) the recipient of the notice of violation or cessation order gained an economic benefit as a result of the violation; or

(4) the violation resulted in administrative or inspection costs in excess of the costs that the commissioner normally incurs.

11 AAC 90.625

Eff. 5/2/83, Register 84; am 9/28/86, Register 99; am 7/7/2022, Register 243, October 2022

As of Register 243 (October, 2022), this section is transferred from material adopted by reference in 11 AAC 90.001(a) to the Alaska Administrative Code (AAC) by repeal and readoption.

Authority:AS 27.21.030

AS 27.21.240

AS 27.21.250