(1) Violation Relating to Natural Gas Pipeline Facilities. Pursuant to M.G.L. c. 164, § 105A, any person, excavator or company found by the Department to have violated M.G.L. c. 82, §§ 40 through 40D, 220 CMR 99.00, 49 CFR 192.614, or 49 CFR Part 196 in relation to a natural gas pipeline facility when the Department has submitted and has in effect the annual certification to the United States Secretary of Transportation provided for in 49 U.S.C. § 60105 shall be subject to civil penalties as specified in M.G.L c. 164, § 105A.
(2) Violation Relating to Facilities Other Than Natural Gas Pipelines. Any person, excavator or company found by the Department to have violated M.G.L. c. 82, §§ 40 through 40D or 220 CMR 99.00 in relation to a facility other than a natural gas pipeline facility shall be subject to a civil penalty as specified in M.G.L. c. 82, § 40E.
(3) Criteria for Determining Amount of Civil Penalty. In determining the amount of the civil penalty under 220 CMR 99.14 (1) or (2), the Department may consider the following criteria:
(a) The nature, circumstances, and gravity of the violation, including adverse impact on the environment;
(b) The degree of the respondent's culpability;
(c) The respondent's history of prior offenses;
(d) Any good faith by the respondent in attempting to achieve compliance after notification of a violation;
(e) The effect on the respondent's ability to continue in business;
(f) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and
(g) Such other matters as justice may require.
Amended by Mass Register Issue 1402, eff. 10/18/2019.