In determining the amount of a civil penalty under this part,
(a) The Associate Administrator will consider:
(1) The nature, circumstances and gravity of the violation, including adverse impact on the environment;
(2) The degree of the respondent's culpability;
(3) The respondent's history of prior offenses;
(4) Any good faith by the respondent in attempting to achieve compliance;
(5) The effect on the respondent's ability to continue in business; and
(b) The Associate Administrator may consider:
(1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and
(2) Such other matters as justice may require.
Source: Amdt. 190-16, 78 FR 58912, Sept. 25, 2013
Compiled from the Electronic Code of Federal Regulations (eCFR), an editorial compilation and not an official legal edition of the CFR. The official text is the Federal Register and the annual CFR edition. §190.225 on eCFR.