Section 11-8-2.5-67-6711 - Waiver of Use of Formula to Determine Civil Penalty(a) The Commission, upon its own initiative, at the request of the Department, or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in §§ 6705 and 6707 to set the civil penalty, if the Commission determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably excessive or inadequate. Cause for waiving the formula in order to increase the penalty may include, solely by way of example and without limitation, a demonstration that the violation occurred in willful and knowing disregard of any law, regulation, order, or permit condition, a demonstration that the violation caused significant harm to human health and/or the environment, or a demonstration that the violator incurred significant economic benefit as a result of the noncompliance. However, the Commission shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the act, these regulations, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.(b) If the Commission waives the use of the formula, it shall use the criteria set forth in § 6705(b) and in § 49-17-43 to determine the appropriate penalty. When the Commission has elected to waive the use of the formula, it shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.11 Miss. Code. R. § 8-2.5-67-6711