Washington Administrative Code
Title 332 - Natural Resources, Board and Department of (See also Title 222)
Chapter 332-18 - Surface mine reclamation
Section 332-18-05005 - Calculation of penalty
Universal Citation: WA Admin Code 332-18-05005
Current through Register Vol. 24-18, September 15, 2024
Fines shall be calculated using the following steps:
(1) The base penalty shall be the minimum fine in each category as set forth in WAC 332-18-05004.
(2) The department may adjust the fine by multiplying the Category II and III base penalties by factors specific to the incident, miner or permit holder, and/or site. The following factors shall not be imposed unless the department explains in writing how each factor was determined:
(a) Severity: The department shall
adjust the penalty to reflect the extent or magnitude and difficulty
of repairing the damage to lands, waters, and neighboring properties.
This factor shall increase the base penalty by not more than 5.0
times the base penalty.
(b) Previous violation(s): The
department shall consider whether the violator has had previous
significant violations of the act, rules, permit, or reclamation plan
as documented by an enforcement action. This factor shall increase
the base penalty by not more than 3.0 times the base
penalty.
Statutory Authority: RCW 78.44.040, 34.05.220, 43.21C.135 and 78.44.250. 94-14-051, § 332-18-05005, filed 6/30/94, effective 8/2/94.
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