S.C. Code Regs. 89-250 - Criteria for Determining Amount of Civil Penalty

In determining the amount of civil penalty assessment, pursuant to Section 48-20-220 of the S. C. Mining Act, the Department shall consider the following criteria insofar as they are appropriate to the violation:

(A) Nature of violation;

(B) Degree and extent of the harm, including off-site damage;

(C) Duration of the violation;

(D) Cause of the violation;

(E) Cost of compliance and rectifying any harm or damage;

(F) Violator's previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator;

(G) Documented staff investigative costs consisting of salary plus expenses, exclusive of overhead;

(H) Effectiveness of any action taken by the operator;

(I) Magnitude of potential or actual gains by the operator resulting from the violation;

(J) Demonstration of good faith by operator.

Notes

S.C. Code Regs. 89-250