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NER -- SEDIMENTATION CONTROL 4C ,0000 <br /> . 0006 3RITERIA <br /> In de ermining the amount of the civil penalty assessment <br /> the Sec etary or the Director shall consider the following <br /> criterl , insofar as they are appropriate to the violation: <br /> (1) 3everity of the violation, <br /> (2) egree and extent of the harm, <br /> (3) ype of violation, <br /> (4) duration, <br /> (5) 3ause, <br /> (6) xtent of any off-site damage which may have resulted, <br /> (7) affectiveness of action taken by violator, <br /> (8) idherence to plan submitted by violator, <br /> (9) ffectiveness of plan submitted by violator, <br /> (10) 3ost of rectifying any damage, <br /> (11) he violator' s previous record in complying or not <br /> omplying with the laws and regulations of the commission <br /> (12) astimated cost of installing and/or maintaining corrective <br /> ediment control measures , <br /> (13) staff investigative costs . <br /> History Note : Statutory Authority G.S . 113A-55; <br /> 113Aµ64 ; 143B-10; <br /> Eff. February 1, 1976. <br /> Amended Eff. <br /> .0007 PROCEDURES : NOTICES <br /> a) rior to the assessment ofi any civil. penalty under this <br /> ( <br /> 3 :b)ap er, notice of the violation shall be given the alleged <br /> violato (s) or his (their) agent(s) by registered or certified <br /> mail. he notice shall describe the violation with reasonable <br /> particu arity, shall specify a time period reasonably calculated <br /> to permit the violator(s) to complete actions to correct the <br /> violation, and shall state that failure to correct the violation <br /> within hat period will. result in the assessment of a civil <br /> penalty . <br /> (b) f, after the allotted time period has expired, corrective <br /> action I has not been completed, the penalty may be assessed from <br /> the da.t of receipt of notice of the violation . Notice of the <br /> assessor nt shall be made by registered or certified mail.. <br /> History note : Statutory Authority G.S . 113A-64; 143B-10; <br /> Eff. February 1 , 1976 . <br /> Amended Eff. <br /> NORTH C ROLINA ADMINISTRATIVE CODE 4 .15 <br />