South Carolina Code of Regulations
Chapter 89 - OFFICE OF THE GOVERNOR-MINING COUNCIL OF SOUTH CAROLINA
Section 89-250 - Criteria for Determining Amount of Civil Penalty
Current through Register Vol. 48, No. 3, March 22, 2024
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.
