Md. Code Regs. 26.20.32.05

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.32.05 - Penalty Assessment Criteria

A. In determining the amount of penalty to be assessed for a violation of the Regulatory Program, the Bureau shall compute a separate figure from each of the following categories:

(1) History of previous violations at the same permit site;

(2) Seriousness of the violation;

(3) Negligence or willfulness of the violation;

(4) Effect of the violation; and

(5) Good faith in attempting to achieve compliance.

B. In determining the amount of the penalty to be assessed under §A(1) of this regulation, the Bureau shall consider violations regardless of whether they resulted in civil penalty assessments. Cessation orders shall constitute a more serious history than notices of violation. A violation may not be considered if it was subsequently vacated or is still being contested or appealed. The maximum amount to be assessed for this category is $2,000.

C. In determining the amount of the penalty to be assessed under §A(2) of this regulation, the Bureau shall consider the probability of occurrence of the violation and the extent of actual or potential damage to the environment or general public health and safety. If the violation relates to an administrative requirement, such as record keeping, seriousness shall be judged on the extent to which the violation obstructs enforcement under the Regulatory Program. The maximum amount to be assessed for this category is $1,000.

D. In determining the amount of the penalty to be assessed under §A(3) of this regulation, the Bureau shall evaluate the degree of fault of the person contributing to a violation, such as whether the exercise of reasonable care would have avoided the violation, or whether the person acted intentionally or with reckless disregard of the requirements of the Regulatory Program. The maximum amount to be assessed for this category is $1,500.

E. In determining the amount of the penalty to be assessed under §A(4) of this regulation, the Bureau shall evaluate the effect of the violation on the probability for eventual success of reclamation on the permit site in accordance with the requirements of the Regulatory Program. The maximum amount to be assessed for this category is $500.

F. The Bureau shall reduce the amount of the civil penalty under §A(5) of this regulation if the person contributing to a violation takes extraordinary measures to correct a violation in the shortest possible time and achieves compliance before the deadline set in the notice of violation or cessation order. The maximum reduction of the civil penalty for this category is $1,000.

G. The Bureau shall identify, in a Notice of Proposed Assessment, the amount calculated for each of the categories in §A of this regulation.

Md. Code Regs. 26.20.32.05

Regulations .05 were previously codified as COMAR 08.13.09.41 a A_G, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.