Utah Admin. Code R315-102-2 - Criterion 1: Factors
The Director shall consider the following factors when calculating a settlement amount:
(a)
Economic benefit of noncompliance. These are the costs a person may save by
delaying or avoiding compliance with applicable laws or rules.
(b) Gravity of the violation. This component
of the calculation shall be based on:
(1) the
extent of deviation from the rules, and
(2) the potential for harm to human health
and the environment, regardless of the extent of harm that actually
occurred.
(c) The number
of days of noncompliance.
(d) Good
faith efforts to comply or lack of good faith. This takes into account the
openness in dealing with the violations, promptness in correction of the
problems, and the degree of cooperation with the State to include accessibility
to information and the amount of State effort necessary to bring the person
into compliance.
(e) Degree of
willfulness or negligence. Factors to be considered include how much control
the violator had over the events constituting the violation, the foreseeability
of the events constituting the violation, whether the violator took reasonable
precautions to prevent the violation, and whether the violator knew, or should
have known, of the hazards associated with the conduct or the legal
requirements which were violated.
(f) History of compliance or noncompliance.
The settlement amount may be adjusted upward in consideration of previous
violations and the degree of recidivism. Likewise, the settlement amount may be
adjusted downward when it is shown that the violator has a good compliance
record.
(g) Ability to pay. The
settlement amount may be adjusted downward based on a person's inability to
pay. This should be distinguished from a person's unwillingness to pay. In
cases of financial hardship, the Director may accept payment of the settlement
under an installment plan, delayed payment schedule, reduced penalty amount, or
any combination of these options.
(h) Other unique factors.
Notes
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