SECTION 310:2-7-3. Determining penalty

(a)   In general. The following factors may be considered in determining the amount of penalty specified in an Administrative Compliance Order:

(1)   the value of efforts to comply with the regulations cited in the notice of violation;

(2)   the economic benefit to the violator of noncompliance with the regulations in question; and

(3)   an additional amount for deterrence purposes, based upon

(A)   the likelihood of the development of adverse health effects caused by the violation,

(B)   the severity of environmental degradation or public health effects caused or placed at risk by the violation,

(C)   the degree of variance from the applicable standards,

(D)   costs of correction of damage, and

(E)   bad faith of the Respondent.

(b)   Small businesses. If the violator is a "small business" as defined in 75 O.S. § 502, or is a for-profit enterprise consisting of fifty or fewer full-time or part-time employees, the following additional factors may be considered in determining the amount of penalty specified in an Administrative Compliance Order, and whether the penalty should be reduced or waived altogether:

(1)   the small business corrects the violation within thirty (30) days or less after receipt of a notice of violation or citation; or

(2)   the violation was the result of an excusable misunderstanding of the Department's interpretation of a rule.

[Source: Amended at 20 Ok Reg 88, eff 10-29-02 (emergency); Amended at 20 Ok Reg 1180, eff 5-27-03]