South Carolina Code of Regulations
89-250 - Criteria for Determining Amount of Civil Penalty.

Universal Citation: SC Code Regs 89-250

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.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.