30 CFR 846.14 - Amount of individual civil penalty.

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There is 1 rule appearing in the Federal Register for 30 CFR 846. View below or at eCFR (GPOAccess)
§ 846.14 Amount of individual civil penalty.
(a) In determining the amount of an individual civil penalty assessed under § 846.12, the Office shall consider the criteria specified in section 518(a) of the Act, including:
(1) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation;
(2) The seriousness of the violation, failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and
(3) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.
(b) The penalty shall not exceed $7,500 for each violation. Each day of a continuing violation may be deemed a separate violation and the Office may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the Secretary, until abatement or compliance is achieved.
[53 FR 3675, Feb. 8, 1988, as amended at 62 FR 63277, Nov. 28, 1997; 70 FR 70701, Nov. 22, 2005; 74 FR 34493, July 15, 2009]

Title 30 published on

The following are only the Rules published in the Federal Register after the published date of Title 30.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-04-02; vol. 79 # 63 - Wednesday, April 2, 2014
    1. 79 FR 18444 - Civil Monetary Penalties
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Final rule.
      Effective Date: May 2, 2014.
      30 CFR Parts 723, 724, 845, and 846

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United States Code
U.S. Code: Title 30 - MINERAL LANDS AND MINING
Public Laws

Title 30 published on

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR 846 after this date.

  • 2014-04-02; vol. 79 # 63 - Wednesday, April 2, 2014
    1. 79 FR 18444 - Civil Monetary Penalties
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Final rule.
      Effective Date: May 2, 2014.
      30 CFR Parts 723, 724, 845, and 846