Section 5.25 - Factors to be Applied in Determining the Money Amount of a Civil Administrative PenaltyIn determining the amount of each Penalty, the Department shall consider each of the following:
(1) The actual and potential impact on public health, safety, and welfare, and the environment, of the failure(s) to comply that would be penalized.(2) The actual and potential damages suffered, and actual or potential costs incurred, by the Commonwealth, or by any other person, as a result of the failure(s) to comply that would be penalized.(3) Whether the person who would be assessed the Penalty took steps to prevent the failure(s) to comply that would be penalized.(4) Whether the person who would be assessed the Penalty took steps to promptly come into compliance after the occurrence of the failure(s) to comply that would be penalized.(5) Whether the person who would be assessed the Penalty took steps to remedy and mitigate whatever harm might have been done as a result of the failure(s) to comply that would be penalized.(6) Whether the person being assessed the Penalty has previously failed to comply with any regulation, order, license, or approval issued or adopted by the Department, or any law which the Department has the authority or responsibility to enforce.(7) Making compliance less costly than the failure(s) to comply that would be penalized.(8) Deterring future noncompliance by the person who would be assessed the Penalty.(9) Deterring future noncompliance by persons other than the person who would be assessed the Penalty.(10) The financial condition of the person who would be assessed the Penalty.(11) The public interest.(12) Any other factor(s) that reasonably may be considered in determining the amount of a Penalty, provided that said factor(s) shall be set forth in the Penalty Assessment Notice.