Gravity component
 9. (1) The gravity component for the first day on which a contravention occurs is determined as follows:  1. The Director classifies the contravention as a Type 1, 2 or 3 contravention as indicated in Column 5 of Table 2, and as a less serious, serious, or very serious contravention in accordance with sections 10 to 14. 2. The Director determines the cell of Table 3 that corresponds to the classifications determined under paragraph 1. 3. The Director determines an amount that is within the range set out in the cell, taking into consideration those of the following factors that were indicated under paragraph 4 of subsection 5 (1) in the notice of intention: i. The history of contraventions, if any, that resulted in convictions of the regulated person under this Act or the Environmental Protection Act or in orders issued to the regulated person under section 106.1 of the Act or section 182.1 of the Environmental Protection Act. ii.  Revoked: O. Reg. 467/21, s. 2. iii. The extent of the delay in complying with the requirement that was contravened. iv. Whether the extent of the deviation from the requirement that was contravened is in the lower or upper part of the range for the seriousness classification for the contravention, as set out in sections 10 to 14. 4. For a contravention specified in item 1 of Table 2, the Director shall multiply the amount determined under paragraph 3 by 1.35 if the discharge contains a toxic substance, unless the information submitted under paragraph 2 of subsection 6 (1) demonstrates that the toxic substance or its concentration did not result from the operations or activities of the plant. 5. For a contravention specified in item 2 of Table 2, the Director shall multiply the amount determined under paragraph 3 by 1.35, if the contravention relates to a discharge of a material that is a toxic substance.  O. Reg. 223/07, s. 9 (1); O. Reg. 252/11, s. 2 (1); O. Reg. 467/21, s. 2. (2) If a contravention specified in item 1, 2 or 12 of Table 2 occurs on or continues for more than one day, the gravity component for the contravention is the amount obtained by multiplying the amount determined under subsection (1) by the number of days on which the contravention occurs or continues.  O. Reg. 223/07, s. 9 (2); O. Reg. 252/11, s. 2 (2). (3) If a contravention specified in item 4 or 6 of Table 2 occurs on or continues for more than one day, the gravity component for the contravention is the lesser of the following: 1. $100,000. 2. The amount obtained by multiplying the amount determined under subsection (1) by the number of days on which the contravention occurs or continues.  O. Reg. 223/07, s. 9 (3); O. Reg. 252/11, s. 2 (3). (4) If a contravention specified in item 5, 7 or 8 of Table 2 occurs on or continues for more than one day, the gravity component for the contravention is the lesser of the following: 1. $60,000. 2. The sum of the following amounts: i. The amount determined under subsection (1) for the first day of the contravention. ii. 50 per cent of the amount determined under subsection (1) for each of the second to the seventh days on which the contravention occurs or continues. iii. 25 per cent of the amount determined under subsection (1) for each of the eighth to the 30th days on which the contravention occurs or continues. iv. 10 per cent of the amount determined under subsection (1) for each of the 31st to the 90th days on which the contravention occurs or continues. v. 5 per cent of the amount determined under subsection (1) for each of the 91st day to the 180th days on which the contravention occurs or continues. vi. Nothing, for any days after the 180th day on which the contravention occurs or continues.  O. Reg. 223/07, s. 9 (4); O. Reg. 252/11, s. 2 (4). (5) In this section, a day is a 24-hour period and a contravention occurs on or continues for more than one day if it occurs on or continues for more than one 24-hour period.  O. Reg. 223/07, s. 9 (5).