(a) In determining the date when civil penalties started to accrue, a Director may consider the date when the Department first discovered a violation had occurred, as evidenced by any writing issued or sent to a responsible person.
(b) The assessment of civil penalties shall end when all action required by the Notice and Order has been completed to the satisfaction of a Director.
(c) In determining the amount of the daily rate at which a civil penalty is assessed a Director may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The nature and seriousness of the violation.
(4) The impact of the violation on environmentally sensitive land or habitat or historical resources.
(5) The responsible person's conduct after being notified of the violation.
(6) The good faith effort by the responsible person to comply.
(7) The economic impact of the penalty on the responsible person.
(8) Any financial gain incurred by the responsible person as a result of the violation.
(9) The violation's impact on the community.
(10) Any other factors that justice may require.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 9925 (N.S.), effective 4-11-08)