Section 31.09 - Enforcement; Assessment of Civil Penalty(1) The Department may impose a fine on any Person who violates any provision of 330 CMR 31.00 as follows: (a) Not more than $250 for a first violation, $500 for a second violation, and $1,000 for a third or subsequent violation; and(b) Each day a violation occurs under 330 CMR 31.00 is a separate violation.(2) In assessing a fine imposed under 330 CMR 31.09(1), the Department shall give consideration to the following: (a) 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;(b) Any actual harm to human health and safety or to the environment, including injury to, or impairment of, the use of the waters or the natural resources of the Commonwealth;(c) The nature and degree of injury to, or interference with, general welfare, health, and property;(d) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health and safety; and(e) 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.Adopted by Mass Register Issue 1288, eff. 6/5/2015.Amended by Mass Register Issue 1356, eff. 1/12/2018.