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SEC. 194.06. CRITERIA TO IMPOSE AN ADMINISTRATIVE PENALTY.
 
   In assessing the amount of an administrative penalty, factors to be considered may include, but are not limited to, the following:
 
   A.   The nature, circumstances, extent and gravity of the violation.
 
   B.   Evidence that the violation was willful or negligent.
 
   C.   The good or bad faith exhibited by the party.
 
   D.   History of violation of the same or similar nature.
 
   E.   Whether the violations was due to circumstances that were unavoidable or beyond the operator’s reasonable control.
 
   F.   The extent to which the party has cooperated with the LEA in correcting the violation.
 
   G.   The extent that the owner or operator has mitigated or attempted to mitigate any damage or injury caused by the owner’s or operator’s violation.
 
   H.   Evidence of any financial gain resulting from the violation,
 
   I.   Cost to the LEA to conduct additional monitoring and related enforcement activities to correct violations.
 
   J.   Other matters as justice or other equitable considerations may warrant.