40.17.080 Establishment of Penalty Calculation Methodology

More specifically, this Penalty Policy establishes the following penalty calculation methodology:

Penalty amount = gravity-based + multi day +/- adjustments + economic benefit component

In administrative civil penalty cases, the TMBCI/EPA will perform two separate calculations under this Policy:

(a) to determine an appropriate amount to seek in the administrative complaint and subsequent litigation, and

(1) to explain and document the process by which the Agency arrived at the penalty figure it has agreed to accept in settlement.

(b) The methodology for these calculations will differ only in that no downward adjustments (other than those reflecting a violator's good faith efforts to comply with applicable requirements) will usually be included in the calculation of the proposed penalty for the administrative complaint. In those instances where the violator or reliable information demonstrates prior to the issuance of the complaint that applying further downward adjustment factors (over and above those reflecting a violator's good faith efforts to comply) is appropriate, enforcement personnel may in their discretion (but are not required to) make such further downward adjustments in the amount of the penalty proposed in the complaint.