In determining the amount of a civil penalty under this part,
(a) The Associate Administrator, OPS shall consider:
(1) The nature, circumstances and gravity of the violation, including adverse impact on the environment;
(2) The degree of the respondent's culpability;
(3) The respondent's history of prior offenses;
(4) The respondent's ability to pay;
(5) Any good faith by the respondent in attempting to achieve compliance;
(6) The effect on the respondent's ability to continue in business; and
(b) The Associate Administrator, OPS may consider:
(1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and
(2) Such other matters as justice may require.
[70 FR 11137, Mar. 8, 2005]
Title 49 published on 2012-10-01
no entries appear in the Federal Register after this date.
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