Section 880-X-11D-.08 - Waiver Of Use Of Formula To Determine Civil Penalty (Alabama Administrative Code)

§ 880-X-11D-.08. Waiver Of Use Of Formula To Determine Civil Penalty

(1) The State Regulatory Authority, upon its own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in Rule 880-X-11D-.05 to set the civil penalty, if it determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the State Regulatory Authority shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, these regulations, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.

(2) If the State Regulatory Authority waives the use of the formula, it shall use the criteria set forth in Rule 880-X-11D-.05(2) to determine the appropriate penalty. When the State Regulatory Authority has elected to waive the use of the formula it shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.

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