A. When assessing a
civil penalty for a violation, the Director shall assess a civil penalty for
each violation based on the violation's total point value set out in this
Section. To calculate the total point value, the Director shall sum the points
for each aggravating factor and may subtract the points for each mitigating
factor. The Director, in his sole discretion, may treat multiple violations as
a single violation for the purpose of calculating the civil penalty.
B. Aggravating factors.
|
1. Pesticide type.
|
|
a. General use.
|
2
|
|
b. Experimental use or special local
need.
|
3
|
|
c. Restricted use or unregistered.
|
5
|
|
2. Harm to humans and non-target animals.
|
|
a. None or unverified potential harm.
|
0
|
|
b. Potential harm.
|
3
|
|
c. Actual, verifiable harm.
|
5
|
|
3. Harm to environment and economic loss.
|
|
a. None or unverified potential harm.
|
0
|
|
b. Potential harm or loss.
|
3
|
|
c. Actual, verifiable loss of $10,000 or
less.
|
4
|
|
d. Actual, verifiable loss exceeding
$10,000.
|
5
|
|
e. Actual, verifiable environmental
harm.
|
5
|
|
4. Non-pesticide violations.
|
|
a. Negligent violations.
|
4
|
|
b. Knowing or willful violations.
|
8
|
|
5. Prior similar violations.
|
|
a. None.
|
0
|
|
b. Warning letter within 12 months.
|
1
|
|
c. One or more within 36 months, but none within 12
months.
|
2
|
|
d. One within 12 months.
|
3
|
|
e. More than one within 24 months, but none within 12
months.
|
4
|
|
f. More than one within 12 months.
|
5
|
|
6. Culpability.
|
|
a. Negligent violations.
|
2
|
|
b. Knowing or willful violations.
|
4
|
C.
Mitigating factors. In considering whether to subtract points for mitigating
factors, the Director may consider whether the mitigating act occurred before,
during, or after PMD's investigation.
|
1. Good will.
|
|
a. Admission of fault or cooperation
|
1
|
|
b. Admission and cooperation
|
2
|
|
c. Admission, cooperation, and corrective action
prior to request.
|
3
|
|
2. Environmental benefit.
|
|
a. Clean up.
|
1
|
|
b. Move toward less toxic methods.
|
2
|
|
c. Develop IPM program.
|
3
|
|
3. Consumer benefit.
|
|
a. Consumer education.
|
1
|
|
b. Make consumer whole.
|
2
|
|
c. Extend warranty.
|
3
|
|
4. Other benefits.
|
|
a. Training (CEU).
|
1
|
|
b. Equipment (modification or new).
|
2
|
|
c. Purchase and use of computer for
TARFs.
|
3
|
D.
Civil penalty. To calculate the civil penalty, the Director shall:
1. For total point values of 6-10, multiply
the value by $100 and then subtract $500.
2. For total point values of 11-15, multiply
the value by $100 and then subtract $600.
3. For total point values of more than 16,
assess the maximum penalty of $1000.
E. Other penalties. In addition to assessing
a civil penalty, the Director:
1. For any
total point value, may require extra continuing education.
2. For total point values of 6-11, may impose
probation requirements.
3. For
total point values of 12-17, shall impose probation requirements and may
suspend the license, certification, or registration.
4. For total point values of 18 or more,
shall suspend or revoke the license, certification, or registration.
5. May take any other action permitted by
law, including imposing probation requirements after a suspension
ends.
F. In addition to
the civil penalties prescribed by this section, the director may charge a
person who knowingly or willfully commits a violation of this article which
causes:
1. Harm to the environment or
economic loss of $10,000 or less with a class 1 misdemeanor.
2. Harm to humans or animals, or the
environment or an economic loss exceeding $10,000 with a class 6
felony.
G. In addition,
the director may deny, suspend or revoke applicator certification for:
1. Misuse of a pesticide.
2. Falsifying records required to be kept by
a certified applicator.
3. A
criminal conviction under section 14(b) of FIFRA (7 U.S.C. §
136l)
(June 25, 1947, ch. 125, § 14, as added
Pub. L.
92-516,
§
2, Oct. 21, 1972, 86 Stat.
992; amended
Pub. L.
95-396,
§
17, Sept. 30, 1978, 92 Stat.
832;
Pub. L.
100-532,
title VI, §
604, Oct. 25, 1988, 102 Stat.
2678;
Pub. L.
102-237,
title X, §
1006(a)(8), Dec. 13, 1991, 105 Stat.
1895.).
This material is incorporated by reference, is on file with the Department, and
includes no later amendments or editions.
4. A final order imposing civil penalty under
section 14(a) of FIFRA (7
U.S.C. §
136l) (June 25, 1947, ch. 125,
§ 14, as added Pub. L.
92-516,
§
2, Oct. 21, 1972, 86 Stat.
992; amended
Pub. L.
95-396,
§
17, Sept. 30, 1978, 92 Stat.
832;
Pub. L.
100-532,
title VI, §
604, Oct. 25, 1988, 102 Stat.
2678;
Pub. L.
102-237,
title X, §
1006(a)(8), Dec. 13, 1991, 105 Stat.
1895.).
This material is incorporated by reference, is on file with the Department, and
includes no later amendments or editions.
5. A violation of State laws or regulations
relevant to the State certification plan.
