OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 1 of 13

COALEX COMPARISON REPORT - 43

October 4, 1985

TOPIC: CIVIL PENALTY SYSTEMS*

* This Report is based on the most recent documents identified in the COALEX Library. A state 

may have additional or revised rules or procedures not contained in the COALEX Library.

SEARCH RESULTS:

A COALEX search was conducted to compare the various civil penalty systems adopted by 

state regulatory authorities with that promulgated by the federal government. Specifically, this 

search focused upon state regulations equivalent to the Office of Surface Mining (OSM) scheme 

found at 30 CFR Secs. 845.13 and 845.14. Information was located for all twenty-five state 

programs listed with COALEX.

Civil Penalty System (See Table 1)

Statutory authority for the imposition of civil penalties is contained in the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA) at Subsection 518(a), 30 USC Sec. 1268(a). Sec. 

518(a) authorizes the assessment of a civil penalty for a violation of any part of SMCRA, with 

the amount not to exceed $5,000 per violation. The purpose of such a penalty is to deter 

violations and ensure maximum compliance with the terms of SMCRA on the part of the coal 

mining industry. (30 CFR Sec. 845.2)

The corresponding regulations for the permanent program are published at 30 CFR Part 845. 

The federal civil penalty scheme utilizes a point system for determining the severity of a penalty. 

The more severe a violation, the more points that are assessed against an operator, resulting in 

a greater fine. Once the total number of points has been calculated, a dollar amount may be 

determined by using the chart found in 30 CFR Sec. 845.14. Each notice of violation (NOV) 

assigned 31 or more points under the system must be assessed a penalty. However, for a NOV 

of 30 or less points, OSM has discretion as to whether a penalty will be levied. (30 CFR Sec. 

845.12) OSM is mandated to assess a penalty for each cessation order (CO). (30 CFR Sec. 

845.12(a))

Criteria for assigning penalty points is specified in SMCRA, Sec. 518(a) and 30 CFR Sec. 

845.13. Three general categories are examined for determining point assessment: (1) history of 

previous violations; (2) seriousness of the violation; and (3) negligence of the violator. 

Additionally, OSM is authorized to reduce the assessed points for an operator's good faith in 

attempting to achieve rapid compliance.

Up to 30 points may be assigned for a history of previous violations with respect to that 

particular coal exploration or surface coal mining operation. One point must be assigned for 

each past violation contained in the NOV, while five points must be assigned for each violation 

in a CO. (30 CFR Sec. 845.13(b)(1))
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U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 2 of 13

A violation will not be counted if the NOV or CO is pending administrative or judicial review or if 

the time to request such review or to appeal any decision has not expired. (30 CFR Sec. 

845.13(b)(1)(I)) Violations cited in vacated NOVs or COs will not be counted for purposes of 

penalty assessment based upon an operator's history. (30 CFR Sec. 845.13(b)(1)(ii)) Each 

violation must be counted regardless of whether it led to a civil penalty assessment. (30 CFR 

Sec. 845.13(b)(1)(iii))

The second general category for point assessment focuses upon the seriousness of the 

violation. An operation may be assessed a maximum of 30 points for this category. Based on 

the probability of the occurrence of the event which a violated standard is designed to prevent, 

up to 15 points may be assigned according to the following:

Probability: Points

None: 0

Insignificant: 1 - 4

Unlikely: 5 - 9 

Likely: 10 - 14

Occurred: 15

Up to 15 additional points may be assigned based on the extent of potential or actual damage. 

For damage or impact that remains inside the coal exploration or permit area, OSM must assign 

from 0 - 7 points, while damage or impact outside the area will result in 8 - 15 points. In lieu of 

probability and damage, OSM may assign up to 15 points for seriousness based upon the 

violation of an administrative requirement. (30 CFR Sec. 845.13(b)(2)(iii).

Negligence, for which up to 25 points may be assessed, is the final criteria outlined in the point 

system. If there was no negligence connected with a violation, then no penalty points are 

assigned. However, a maximum of 12 points are incurred for a violation caused by negligence. 

If a greater degree of fault than negligence was involved, 13 - 25 points will be assigned. (30 

CFR Sec. 845.13(b)(3)(I)) Negligence is defined as:

"...the failure of a permittee to prevent the occurrence of any violation of his or her permit or 

any requirement of [SMCRA] or [the regulations promulgated therefrom] due to indifference, 

lack or [sic]' diligence, or lack of reasonable care, or the failure to abate any violation of such 

permit or [SMCRA] due to indifference, lack of diligence, or lack of reasonable care." (30 

CFR Sec. 845.13(b)(3)(ii)(B))

A greater degree of fault than negligence means "reckless, knowing, or intentional conduct". (30 

CFR Sec. 845.13(b)(3)(ii)(C)) In determining points to be assigned for negligence, the acts of all 

persons working on the coal exploration or surface coal mining and reclamation site must be 

attributed to the person to whom the NOV or CO was issued, unless that person can establish 

that the acts were deliberate sabotage. (30 CFR Sec. 845.13(b)(3)(iii))

An operator may have from 1 - 10 penalty points subtracted depending upon the degree of good 

faith exhibited in attempting to achieve rapid compliance after notification of the violation. (30 

CFR Sec. 845.13(b)(4)(I)) Rapid compliance means that "the person to whom the notice or 

order was issued took extraordinary measures to abate the violation in the shortest possible 

time and that abatement was achieved before the time set for abatement." (30 CFR Sec. 

845.13(b)(4)(ii)(A)) However, the attempt to achieve compliance may be omitted from 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 3 of 13

consideration if the length of the abatement period makes it impractical. (30 CFR Sec. 

845.13(b)(4)(iii)) Normal compliance, which is "abatement of the violation within is time given", 

will not result in a point deduction. (30 CFR Sec. 845.13(b)(4)(ii)(B))

Once the total number of penalty points has been calculated, the dollar amount of the penalty 

may be determined by using the schedule found at 30 CFR Sec. 845.14. For the first 25 points, 

the penalty increases at a rate of $20 per point. For points 26 - 70, the amount increases to 

$100 per point. The maximum fine is $5000.

State Civil Penalty Systems

Sec. 518(I) of SMCRA requires that state programs incorporate penalties no less stringent than 

those found in the Act and shall contain the same or similar procedural requirements relating to 

civil and criminal penalties. OSM interpreted this section as meaning that states were required 

to impose a point system which was no less stringent than that found in federal regulations. This 

interpretation was rejected in IN RE PERMANENT SURFACE MINING REGULATION 

LITIGATION, No 79-1144 (Consolidated), slip op. (DDC February 26, 1980). Judge Flannery 

noted that while states are required to incorporate the criteria found in the Act, Sec. 518(I) 

makes no reference to a point system. (Id.) Thus, while states must include the four criteria 

(history of violations, seriousness, negligence and good faith) found in Sec. 528(a), they are not 

required to implement a point system.

The COALEX search for state equivalents to the OSM system identified two main approaches 

by state regulatory authorities: (1) point systems modeled after the federal regulations, and (2) 

criteria guidelines for penalties without point systems.

A. STATES WHICH USE POINT SYSTEMS.

Nine state programs follow the point system and criteria promulgated by OSM without 

deviation. These states are: Alabama, Kansas, Louisiana, Mississippi, Missouri, Oklahoma, 

Tennessee, Texas, and Utah. (Note: COALEX indicated that the Utah regulation for civil 

penalties have been superseded. However, no current regulations appeared in the file.) 

(See Table 2)

Five state programs were identified as having point systems which deviated from the federal 

system. (See Table 1) In Kentucky, an operator may reduce his penalty by 6 - 15 points for 

rapid compliance, while 0 - 5 points may be removed for normal compliance. (405 Ky. 

Admin. Reg. 7:095 5 3(4)(a),(b))

Two notable deviations were located in the Arkansas program. Under the criteria for 

probability of occurrence, the following points are assessed: none, insignificant or unlikely, 0 

points; likely, 1 - 5 points; and occurred, 6 - 15 points. (Ark. Surface Coal and Reclamation 

Code, Sec. 845.13(b)(2)(I)) For rapid compliance up to all points assessed may be 

subtracted from a penalty, with up to one-half the total number of points being removed for 

normal compliance. (Id. at Sec. 845.13(b)(4)(I))
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U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 4 of 13

New Mexico's program limits the prior history and seriousness categories to a maximum of 

25 penalty points apiece. (N.M. Coal Surface Min. Regs., Sec. 31-13(b)(1).(2)) Probability of 

occurrence violations are assigned as follows: none, 0 points; insignificant, 1 - 2 points; 

unlikely, 3 - 5 points; likely, 6 - 9 points; clearly, 10 points. (Id. at Sec. 31-13(b)(2)(I)) The 

alternative section is limited to 10 points. (Id. at Sec. 31-13(b)(2)(iii)) Rapid compliance will 

result in 1 - 15 points being subtracted from the penalty. An operator who uses additional 

equipment or labor to achieve rapid compliance may have 1 - 25 points removed from the 

penalty. No points are subtracted for normal compliance. (Id. at Sec. 31-13(b)(4)(I))

In Virginia, a base penalty is determined by adding the points for seriousness and 

negligence and then subtracting points for good faith in attempting to achieve compliance. 

An increment table is specified for seriousness of the violation, ranging from 1 - 2 points for 

slight actual or potential damage, up to 9 - 10 points for extremely serious actual damage. 

(Va. Surface Min. Reclamation Regs., Sec. V845.13(b)) Up to 6 points may be assessed for 

negligent conduct; 3 or less points for negligence and 4 - 6 points for fault greater than 

negligence. (Id. at Sec. V845.13(c)(I)) Rapid compliance through extraordinary measures 

will result in a 3 - 4 point reduction, while diligent efforts will earn 1 - 2 points credit. (Id. at 

Sec. V845.13(d)(1)) A point total is calculated using a table ranging from 1 point at $25 -

$100 to a maximum of 16 points at $3000. Id. at Sec. V845.13(d)(3)) On top of the base, 

penalties are levied for previous history as follows: $20 per violation contained in a NOV, up 

to ten violations; $100 per violation in a NOV in excess of ten violations; $250 per violation 

contained in a CO. (Id. at Sec. V845.13(e)(2)) Finally, the regulatory authority may reduce 

the base penalty by ten percent if the permittee has had no violations within the preceding 

twelve month period. (Id. at Sec. V845.13(e)(1))

Montana's program contains two deviations from the OSM's system. Under the criteria for 

seriousness, up to 15 points may be assessed for a violation which the violated law was 

designed to prevent. Up to 15 points may be assigned for significance and the amount of 

actual or potential harm, but no distinction is made as to whether the damage occurred 

inside or outside the permit area. The alternative section allows assessment of up to 30 

points for impairment of administration. (Mont. Strip and Underground Mine Reclamation 

Rules and Regs., Sec. 26.4.1212 (1984))

Montana's good faith section contains a provision that a reduction of points will not allow 

waiver of an otherwise unwaiverable penalty. In addition, the dollar per point assessment 

table deviates from OSM's by assessing $200 for any number of points below ten. (Id.)

B. STATES WHICH DO NOT USE POINT SYSTEMS.

Two approaches to civil penalties were identified in state regulations which do not use a 

cumulative point system.

Some states adopted regulations which just outline the criteria which the regulatory authority 

must consider. The four criteria include that required by SMCRA: (1) history of operator's 

violations; (2) seriousness; (3) negligence; and (4) good faith in achieving rapid compliance. 

The regulations limit the civil penalty to $5000, but do not attempt to break down the process 

any further. Seven states have adopted this approach: Alaska, Illinois, Indiana, Iowa, Ohio, 

and Wyoming. (See Table 4) (Note that these states may have administrative rules or 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 5 of 13

procedures not contained in the COALEX regulations file providing additional guidance on 

penalty assessment.)

A second group of states substitutes dollar limits for a cumulative point system in 

determining civil penalties. (See Table 3) For example, in Colorado, up to $1750 may be 

assessed for a history of previous violations, with $50 assessed for each violation in a NOV 

and $250 per violation in a CO. (Colo. Mined Land Reclamation Board Regs., Sec. 

5.04.5(2)(a)(I)) Seriousness of the violation may result in an assessment of up to $1750. (Id. 

at Sec. 5.04.5(2)(b)) Negligence may be assessed $250 - $750, but a greater degree of fault 

than negligence results in a $750 - $1500 penalty. (Id. at Sec. 5.04.5(2)(c)) Up to $1250 

may be subtracted for good faith in attempting to achieve compliance. (Id. at Sec. 

5.04.5(2)(c))

In Maryland, the maximum amount is specified for each category: (1) history of previous 

violation, $1000; (2) seriousness, $1000; (3) negligence, $500; (4) good faith in attempting 

to achieve compliance, $1000 (reduction). (Md. Admin. Code, Tit. 8, Sec. 08.13.09.41C(l)) A 

fifth category, "effect on the violation of reclamation", is also evaluated, resulting in a 

possible maximum fine of $1000. (Id. at Sec. 08.13.09.41C(l)(e)) In lieu of a civil penalty, 

Maryland also makes provisions for suspension of mining operations for an appropriate 

period of time such that the economic impact is equivalent to the amount of the civil penalty 

which would have been assessed. (Id. at Sec. 08.13.09.41D)

The maximum amounts in the North Dakota program are: (1) history, $3500; (2) 

seriousness, $3500; (3) negligence, $1500; greater degree of fault than negligence, $3000; 

(4) good faith in attempting to achieve rapid compliance, $1000. (N.D. Admin. Code, Sec. 

69-05.2-28-12)

Six categories are evaluated under the Pennsylvania system. Seriousness criteria is 

subdivided into three degrees: severe, $2500 - $5000; significant, $750 - $2500; and 

moderate, $750 - $100. "Culpability" is also subdivided: deliberate, $3500 - $5000; 

recklessness, $2000 - $4000; negligence, $100 - $1500; accidental, $0. If the penalty is 

abated within the shortest possible time, a credit of up to $1000 will be given. (25 Pa. 

Admin. Code, Sec. 86.194(b); Pa. Bureau of Min. and Reclamation, Civil Penalty 

Worksheet) The "cost to the Commonwealth" for each violation, including administrative 

costs, costs of inspection and collection, etc., may be assessed up to $5000. (25 Pa. Admin. 

Code Sec. 86.194(b)(4)) Any economic benefit gained by a violator may be assessed up to 

the statutory maximum of $5000. (Id. at Sec. 86.194(b)(5)) The subtotal for the first five 

categories is increased by 5 percent for each previous violation. The total increase in 

assessment based on history of previous violation will not exceed $1000. (Id. at Sec. 

86.194(b)(6))

West Virginia uses a sliding scale to determine the seriousness, negligence and the 

operator's good faith. The rating for each category is matched to a predetermined dollar per 

point amount. For example: a rating of 2 for seriousness will result in a penalty of $115 per 

point ($230), while a rating of 8 results in a penalty of $265 per point ($2,120). A penalty of 

up to $3500 may be imposed for seriousness, while the maximum amount for negligence is 

$1000.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 6 of 13

The amount deducted for good faith is determined by a table using the points levied for 

seriousness and those given for good faith, with the deduction ranging from $0 - 3496. 

Previous violations are fined as follows: $20/violation for 3 - 5 violations; $40/violation for 6 -

10 violations, $60/violation for more than 10 violations. (W.VA. Surface Min. Regs, Sec. 

14B-02(C)) For notices of violations, a civil penalty may not be assessed if the amount is 

less than $1000. (Id. at Sec. 14B-01 (b))

The result of this COALEX search is summarized in the attached Tables 1 - 4.

ATTACHMENTS:

A. New Mexico Surface Coal Mining Regs., Secs. 31-13, 31-14.

B. Virginia Surface Coal Mining Reclamation Regs., Sec. 845.13.

C. Colorado Mined Land Reclamation Board Regs., Sec. 5.04.5.

D. Maryland Admin. Code, Tit. 8, Sec. 13.09.41.

E. North Dakota Admin. Code, Sec. 69-05.2-28-12.

F. 25 Pennsylvania Admin. Code Sec. 86.194.

G. Pennsylvania Bureau of Mining and Reclamation, Civil Penalty Worksheet

H. West Virginia Surface Mining Regs., Secs. 14B.01, 14B.02.

I. 405 Kentucky Admin. Regs. Sec. 7:095.

J. Arkansas Surface Coal Mining and Reclamation Code, Secs. 845.13, 845.14.

K. Excerpt, IN RE PERMANENT SURFACE MINING RECLAMATION LITIGATION, No. 70-

1144 consolidated), slip op. (DDC February 26, 1980).

Note: Citations in this report appear as found in COALEX documents, and may not reflect the 

states' proper citation form.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 7 of 13

Table 1: OSM & State Civil Penalty Point Systems

(OSM indicates that state program follows federal program)

(Reformatted from original)

OSM

Regulation 30 CFR Secs. 845.13, 845.15

History/Previous Violations (max. 30pts.) 1 pt. per Violation/NOV

5 pts. per Violation/CO

Seriousness (max. 30 pts.) (a) Probability

None: 0

Insignificant: 1-4

Unlikely: 5-9

Likely: 10-14

Occurred: 15

(b) Extent/Damage 

Within permit area: 0-7

Outside permit area: 8-15 

(c) Alternative 

Up to 15 pts.

Negligence (max. 25 pts.) No Negligence: 0

Negligence: 0-12

Greater than negligence: 13-25

Good Faith to Achieve Compliance Rapid: -1 to -10

Normal: 0

Determination/Dollar Amt $20 per pt. for first 25 pts.

$100 per pt. For pts. 26-70

KENTUCKY

Regulation 405 Ky. Admin. Reg. Sec. 7:095

History/Previous Violations (max. 30pts.) (OSM)

Seriousness (max. 30 pts.) (a) Probability 

(OSM)

(b) Extent/Damage 

(OSM)

(c) Alternative

(OSM)

Negligence (max. 25 pts.) (OSM)

Good Faith to Achieve Compliance Rapid: -6 to – 15

Normal: 0 to -5

Determination/Dollar Amt (OSM)
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U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 8 of 13

ARKANSAS

Regulation Ark. Surface Coal Mining and Reclamation 

Code, Secs. 845.13, 845.14

History/Previous Violations (max. 30pts.) (OSM)

Seriousness (max. 30 pts.) (a) Probability 

None: 0

Insignificant: 0

Unlikely: 0

Likely: 1-5

Occurred: 6-15

(b) Extent/Damage 

(OSM)

(c) Alternative

(OSM)

Negligence (max. 25 pts.) (OSM)

Good Faith to Achieve Compliance Rapid: up to all pts. assessed subtracted

Normal: up to one-half pts. assessed 

subtracted

Determination/Dollar Amt (OSM)

NEW MEXICO

Regulation Surface Mining Regs., Secs. 31-14, 31-14

History/Previous Violations (max. 25 pts.) 1 pt. per Violation/NOV

5 pts. per Violation/CO

Seriousness (max. 30 pts.) (a) Probability 

None: 0

Insignificant: 1-2

Unlikely: 3-5

Likely: 6-9

Clearly: 10

(b) Extent/Damage 

(max. 25 pts.) (OSM)

(c) Alternative

Up to 10 pts.

Negligence (max. 35 pts.) (OSM)

Good Faith to Achieve Compliance Normal: 0

Rapid: -1 to -5

Additional equipment: -1 to -25

Determination/Dollar Amt (OSM)
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 9 of 13

VIRGINIA

Regulation Surface Mining Reclamation Regs., Sec. 

V845.13

History/Previous Violations (No points) $20 per Violation/NOV for first 10 violations; 

$100 per Violation/NOV after 10 violations; 

$250 per Violation/CO

Seriousness (max. 10 pts.) Table which factors potential and actual 

damage to environment and public health 

and safety, ranging from 1 to 10 points.

Negligence (max. 35 pts.) No Negligence: 0

Negligence: 3 or less

Greater than Negligence: 4-6

Good Faith to Achieve Compliance Extraordinary measures: 3-4

Diligent: 1-2

Determination/Dollar Amt 1 pt. $25-100 to 16 pts. -$300; Add violation 

penalty/ 10% credit if no violations in 

preceding 12 mo. period.

MONTANA

Regulation Strip & Underground Reclamation Regs. 

Sec. 26.4.1212

History/Previous Violations (max. 30pts.) (OSM)

Seriousness (max. 30 pts.) (a) Probability 

Up to 15 pts.

(b) Extent/Damage 

Up to 15 pts.

(c) Alternative 

Up to 30 pts.

Negligence (max. 35 pts.) (OSM)

Good Faith to Achieve Compliance (OSM)

Determination/Dollar Amt $200 for 1-10 pts.

11 & above: (OSM)

Table 2: States With Point System Which Do Not Deviate From OSM's System

(Reformatted from original)

ALABAMA

Ala. Surface Mining Regs., Secs. 845.13, 845.14

KANSAS

Mined Land Conservation and Reclamation Board, Sec. 47-5-5

LOUISIANA

La. Surface Mining Regs., Statewide Order 29-0-1, Secs. 245.13, 245.14

MISSISSIPPI

Surface Coal Mining and Reclamation Regs., Secs. 245.13, 245.14
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 10 of 13

MISSOURI

10 CSR Sec. 40-8.040

OKLAHOMA

Okla. Permanent Regs., Surface Coal Mining and Reclamation Operations, Secs. 845.13, 

845.14

TENNESSEE

Tenn. Div. Of Surface Mining, Secs. 0400-1-29-.05, 0400-1-29-.06

TEXAS

Chap. IV, Surface Coal Mining Regs., Secs. 051.07.04.691, 051-07.04.692

UTAH

Utah Mining Code, Secs. 845.13, 845.14

(NOTE: COALEX indicated that the Utah section has been superseded. However, no current 

regulations were located in the file.)

Table 3: States Which Place Dollar Limits On Specific Criteria

(Reformatted from original)

COLORADO

Regulation Rules & Regs. of Colo. Mined Land 

Reclamation Board, Sec. 5.04.5

History/Previous Violations (Max. $1750) $50 per Violation/NOV

$250 per Violation/CO

Seriousness Max. $1750

Negligence Negligence: $250-750

Greater than Negligence: $750-1500

Good Faith to Achieve Compliance Max. $1250 credit

Other None

Amount Max. Total $5000

MARYLAND

Regulation Md. Admin. Code, Tit. 8, Sec. 13.09.41

History/Previous Violations Max. $1000

Seriousness Max. $1000

Negligence Max. $500

Good Faith to Achieve Compliance Max. $1000 credit

Other Effect of Violation on reclamation: Max. 

$1000/May suspend mining in lieu of 

penalty

Amount Max. Total $5000
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: A. Michael Tucker Page 11 of 13

NORTH DAKOTA

Regulation ND Admin. Code, Sec. 69-05.2-28-12

History/Previous Violations Max. $3500

Seriousness Max. $3500

Negligence Negligence: Max. $1500

Greater than Negligence: Max. $3000

Good Faith to Achieve Compliance Max. $1000 credit

Other None

Amount Max. Total $10000

PENNSYLVANIA

Regulation 25 Pa. Admin. Code Sec. 86.194

History/Previous Violations 5% of subtotal of other categories

Seriousness Moderate: $750-1000

Significant: $750-2500

Severe: $2500-5000

Negligence Accidental – 0

Negligence: $100-1500

Recklessness: $2000-4000

Deliberate: $3500-5000

Good Faith to Achieve Compliance Max. $1000 credit

Other Cost to Commonwealth: Max. $5000

Economic benefit gained by violator: Max. 

$5000

Amount Max. Total $5000
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Research conducted by: A. Michael Tucker Page 12 of 13

WEST VIRGINIA

Regulation W Va Surface Mining Regs., Sec. 14B.02

History/Previous Violations (max. 30 pts.) $20: Previous violations 3-5

$40: Previous violations 6-10

$60: Previous violations over 10

Seriousness Penalty Rating 1: Amt. Per Pt. $100

Penalty Rating 2: Amt. Per Pt. $115

Penalty Rating 3: Amt. Per Pt. $132

Penalty Rating 4: Amt. Per Pt. $152

Penalty Rating 5: Amt. Per Pt. $175

Penalty Rating 6: Amt. Per Pt. $201

Penalty Rating 7: Amt. Per Pt. $231

Penalty Rating 8: Amt. Per Pt. $265

Penalty Rating 9: Amt. Per Pt. $305

Penalty Rating 10: Amt. Per Pt. $350

Negligence Penalty Rating 1: Amt. Per Pt. $25

Penalty Rating 2: Amt. Per Pt. $31

Penalty Rating 3: Amt. Per Pt. $40

Penalty Rating 4: Amt. Per Pt. $50

Penalty Rating 5: Amt. Per Pt. $63

Penalty Rating 6: Amt. Per Pt. $79

Penalty Rating 7: Amt. Per Pt. $99

Penalty Rating 8: Amt. Per Pt. $125

Good Faith to Achieve Compliance Sliding scale credit from $0 - $3496

Other

Amount Max. Total $5000

Table 4: States Which Do Not Specify Dollar Amounts

(Reformatted from original)

ALASKA

11 Alaska Admin. Code Sec. 90.625

ILLINOIS

Surface Coal Mining Land Conservation and Reclamation Act, Reg. Secs. 1845.13, 1845.14

INDIANA

310 Ind. Admin. Code Sec. 12-6-12

IOWA

Iowa Admin. Code, Sec. 4.6(8)

MONTANA

Letter from Leo Berry, Jr. to Brace Hayden, et al., dated 1/04/80

OHIO

Ohio Admin. Code, Sec. 1501:13-14-03
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Research conducted by: A. Michael Tucker Page 13 of 13

WYOMING

Land Quality Regs., Chap. 17, Sec. 3