New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIX - Susquehanna River Basin Commission
Part 1808 - Hearings And Enforcement Actions
Compliance and Enforcement
Section 1808.16 - Civil penalty criteria
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1808.16
Current through Register Vol. 46, No. 39, September 25, 2024
(a) In determining the amount of any civil penalty or any settlement of a violation, the commission shall consider:
(1) previous
violations, if any, of any provision of the compact, the commission's rules or
regulations, orders, approvals, docket conditions or any other requirements of
the commission;
(2) the intent of
the alleged violator;
(3) the
extent to which the violation caused adverse consequences to public health,
safety and welfare or to water resources;
(4) the costs incurred by the commission or
any member jurisdiction relating to the failure to comply with any provision of
the compact, the commission's rules or regulations, orders, approvals, docket
conditions or any other requirements of the commission;
(5) the extent to which the violator has
cooperated with the commission in correcting the violation and remediating any
adverse consequences or harm that has resulted therefrom;
(6) the extent to which the failure to comply
with any provision of the compact, the commission's rules or regulations,
orders, approvals, docket conditions or any other requirements of the
commission was economically beneficial to the violator;
(7) the length of time over which the
violation occurred and the amount of water used during that time
period.
(b) The commission retains the right to waive any penalty or reduce the amount of the penalty recommended by the prosecuting officer under section 1808.15(f) of this Part should it determine, after consideration of the factors in subdivision (a) of this section, that extenuating circumstances justify such action.
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