Utah Admin. Code R307-130-3 - Adjustments
The amount of the penalty within each category may be adjusted and/or suspended in part based upon the following factors:
(1) Good faith efforts to comply or lack of
good faith. Good faith takes into account the openness in dealing with the
violations, promptness in correction of problems, and the degree of cooperation
with the State to include accessibility to information and the amount of State
effort necessary to bring the source into compliance.
(2) Degree of wilfulness and/or negligence.
In assessing wilfulness and/or negligence, factors to be considered include how
much control the violator had over and the foreseeability of the events
constituting the violation, whether the violator made or could have made
reasonable efforts to prevent the violation, and whether the violator knew of
the legal requirements which were violated.
(3) History of compliance or non-compliance.
History of non-compliance includes consideration of previous violations and the
resource costs to the State of past and current enforcement actions.
(4) Economic benefit of non-compliance. The
amount of economic benefit to the source of non- compliance would be added to
any penalty amount determined under this policy.
(5) Inability to pay. An adjustment downward
may be made or a delayed payment schedule may be used based on a documented
inability of the source to pay.
Notes
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