(a) If the department or designated department staff within the division of enforcement finds reason to issue an NOV, the department or designated department staff shall determine whether to assess a civil penalty and the amount thereof pursuant to RSA 374:55.
(b) In determining the assessment, the following factors shall be considered:
(1) The severity of the consequences resulting from the violation, the gravity of the violation, the degree of culpability of the respondent, and the cooperativeness of respondent, with weight to be given to compliance with En 805.05, history of prior violations, and other factors which would tend to aggravate fault; and
(2) Mitigating circumstances, such as how quickly the excavator took action to rectify the situation, how much control the excavator had over the situation, and other circumstance which would tend to lessen fault.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17