40.17.240 Calculating an Administrative Proceeding

In calculating the amount of the proposed penalty to be sought in an administrative proceeding, TMBCI/EPA personnel should total: (1) the gravity- based penalty amount (including any multi-day component), and (2) an amount reflecting upward adjustments [Citation 14] of the penalty, and subtract from this sum an amount reflecting any downward adjustments in the penalty based solely on respondent's "good faith efforts [Citation 15] to comply with applicable requirements." This total should then be added to the amount of any economic benefit accruing to the violator. The result will e the proposed penalty the TMBCI/EPA will seek in the administrative proceeding.