Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter I - Pipeline and Hazardous Materials Safety Administration, Department of Transportation |
SubChapter D - Pipeline Safety |
Part 190 - Pipeline Safety Enforcement and Regulatory Procedures |
Subpart B - Enforcement |
Civil Penalties |
§ 190.225 - Assessment considerations.
Latest version.
-
§ 190.225 Assessment considerations.
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.
[Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]