Connecticut Administrative Code › Title 22a - Environmental Protection › 6b - Assessment of Civil Penalties › Administrative Civil Penalty › Section 22a-6b-8 - Method and schedule for calculating an administrative civil penalty

Current through July 10, 2024
The requirements and procedures of this section incorporate
				  the criteria listed in sections
				  22a-6b(b)(1)
				  through
				  22a-6b(b)(10)
				  of the Connecticut General Statutes, and shall be used to determine the
				  administrative civil penalty amount for each distinct violation. The
				  commissioner may consider any violation to be distinct for each day such
				  violation existed. The commissioner may assess a separate administrative civil
				  penalty for each distinct violation in order to ensure immediate or continued
				  compliance. No administrative civil penalty assessed pursuant to the
				  department's Administrative Civil Penalty Regulations shall exceed the maximum
				  allowable penalty set forth in section
				  22a-6b
				  of the Connecticut General Statutes.
(a)
Administrative Civil Penalty
				Determination.
The penalty for each distinct violation shall be determined
				  as follows: Calculate the amount of economic benefit resulting from the
				  violation in accordance with subsection (b), calculate the gravity-based
				  penalty component in accordance with subsection (c), and calculate the
				  gravity-based penalty adjustments in accordance with subsection (d). The
				  administrative civil penalty for each distinct violation is the sum of the
				  economic benefit, gravity-based penalty component, and any gravity-based
				  penalty adjustments.
(b)
Economic Benefit
.
If the respondent derived a measurable economic benefit, such
				  as savings in money, time and effort, as a result of the violation, the
				  commissioner shall calculate the amount of such economic benefit. Economic
				  benefit includes but may not be limited to lower, delayed or avoided compliance
				  costs. The commissioner need not calculate economic benefit if there is no
				  identifiable benefit from the noncompliance or the amount of economic benefit
				  cannot be quantified. The total economic benefit for a violation shall not be
				  less than zero.
(c)
Gravity-Based Penalty Component
.
The gravity-based penalty component shall be calculated as
				  follows:
(1) Inland Water Resources,
				Stream Channel Encroachment Lines, Water Diversion or Dam Safety Violations.
Each distinct violation of section
				  22a-39,
				  22a-42a,
				  22a-45a,
				  22a-342,
				  22a-345
				  through
				  22a-347,
				  22a-349a,
				  22a-368,
				  22a-401
				  through
				  22a-405,
				  or
				  22a-411
				  of the Connecticut General Statutes, or of any regulation, order or permit
				  administered or issued thereunder, or of an order issued or administered under
				  section
				  22a-6
				  or
				  22a-7
				  of the Connecticut General Statutes to enforce any provision of sections
				  22a-36
				  through
				  22a-45a,
				  sections
				  22a-342
				  through
				  22a-349a,
				  sections
				  22a-365
				  through
				  22a-379, or
				  sections
				  22a-401
				  through
				  22a-411
				  of the Connecticut General Statutes, shall first be evaluated in terms of its
				  potential for harm to human health and welfare and the environment using each
				  of the four sub-factors listed in Table 1A. The applicable sub-score under each
				  sub-factor is the highest score that corresponds to the characteristics of the
				  distinct violation. A sub-score of zero shall be used for any sub-factor for
				  which none of the listed characteristics are associated with such violation.
				  The total potential for harm score for each distinct violation is the sum of
				  the four sub-scores.
Table 1A Potential For Harm Sub-factors For Inland
				  Water Resources, Stream Channel Encroachment Lines, Water Diversion Or Dam
				  Safety Violations
SUB-FACTOR 1:
Potential Impact To The Environment, To Human
							 Health And Welfare, Or To Property Caused By The Violation.
Sub-score
Characteristics
2
Violation involves a land disturbance of 1/2 acre or
							 less, and erosion and sediment controls were either not installed or improperly
							 installed or maintained;
Violation involves or impacts a dam with an assigned
							 hazard classification of "A" as determined in accordance with section
							 22a-409-2
							 of the Regulations of Connecticut State Agencies;
Violation is within a FEMA designated flood fringe
							 and the violation neither caused any loss of flood storage nor created a
							 potential increase in flood heights;
Violation resulted in the alteration of a wetland or
							 watercourse, but caused either negligible or no apparent damage to such wetland
							 or watercourse; or
A water diversion violation that caused either
							 negligible or no apparent impact on an inland water resource.
4
Violation involves a land disturbance that is greater
							 than 1/2 acre but less than 10 acres, and erosion and sediment controls were
							 either not installed or were improperly installed or maintained;
Violation involves or impacts a dam with an assigned
							 hazard classification of "B" or "BB" as determined in accordance with section
							 22a-409-2
							 of the Regulations of Connecticut State Agencies;
Violation is located within a FEMA designated flood
							 fringe and the violation either caused a loss of flood storage or caused a
							 potential increase in flood heights;
A water diversion violation that caused damage to an
							 inland water resource, but such damage is not permanent, and the diversion has
							 neither contributed to nor resulted in human injury or property damage;
A diversion of water for consumptive use that may
							 contribute to the degradation of surface water quality for a waterbody not
							 meeting water quality standards as identified by the department pursuant to
							 section 303(d) of the Federal Clean Water Act; or
Violation resulted in the alteration of a wetland or
							 watercourse, and the alteration caused damage to a wetland or watercourse but
							 such damage is not permanent.
6
Violation involves a land disturbance that is greater
							 than or equal to 10 acres and erosion and sediment controls were either not
							 installed or were improperly installed or maintained;
Violation involves or impacts a dam with an assigned
							 hazard classification of "C" as determined in accordance with section
							 22a-409-2
							 of the Regulations of Connecticut State Agencies;
Violation is located within a FEMA designated
							 floodway;
A water diversion violation that caused damage to an
							 inland water resource, but the diversion cannot be ceased or the damage cannot
							 be remediated, or the diversion violation has contributed to or resulted in
							 human injury or loss of life or property damage;
Violation resulted in the alteration of a wetland or
							 watercourse, and the alteration caused permanent damage to a wetland or
							 watercourse; or
Violation caused the destruction of or damage to
							 endangered species habitat.
SUB-FACTOR 2:
Quantity OrExtent Of Resource Potentially
							 Impacted By The Violation.
Sub-score
Characteristics
1
* Less than 5,000square feet of wetland, watercourse,
							 floodplain, or landriverward of a State established stream channel
							 encroachmentline;
* Less than 200linear feet of watercourse; or
* Violation had apotential to result in a consumptive
							 withdrawal of surfaceor ground water that is less than 250,000 gallons per day.
2
* From 5,000 to50,000 square feet of wetland,
							 watercourse, floodplain, orland riverward of a State established stream
							 channelencroachment line;
* From 200 to 1,000linear feet of watercourse;
							 or
* Violation had apotential to result in 250,000 to
							 2,000,000 gallons per dayof consumptive withdrawal of surface or ground water.
3
* Physically impact more than 50,000 square feet of
							 wetland, watercourse,floodplain, or land riverward of a State established
							 stream channel encroachment line;
* Physically impact more than 1,000 linear feet of
							 watercourse; or
* Violation had a potential to result in more than
							 2,000,000 gallons per day of consumptive withdrawal of surface or ground water.
SUB-FACTOR 3:
Quality Or Condition Of Natural Resource
							 Potentially Impacted By The Violation.
Sub-score
Characteristics
1
Class C Inland Surface Water that is not a swamp,
							 marsh, bog, vernal pool or wetland containing alluvial or floodplain soils; or
							 groundwater classified as GC. [ALPHA]
2
Class B Inland Surface Water that is not a swamp,
							 marsh, bog, vernal pool or wetland containing alluvial or floodplain soils; or
							 groundwater classified as GB. [ALPHA]
3
Oligotrophic Lake or Class A Inland Surface Water or
							 Class AA Inland SurfaceWater, or any swamp, marsh, bog, vernal pool or wetland,
							 or groundwater classified as GA, GA * , GAA, GAAsor
							 GAA *;[ALPHA]
Coldwater fishery, special management area as
							 described in section26-112-46
							 of the Regulations of Connecticut State Agencies,or a stocked watercourse;
All or a portion of the area potentially impacted is
							 part of the Connecticutnatural diversity database inventory; or
The violation is located in or potentially impacts a
							 public water supply watershed.
SUB-FACTOR 4:
Potential Impact On The Department's Ability,
							 Through its Regulatory Programs, To Prevent Or Monitor Potential Harm ToHuman
							 Health And Welfare Or The Environment.
Sub-score
Characteristics
1
Failure to provide notification to the department
							 upon completion of an activity, when such notification was required by a
							 statute,regulation, order, permit or approval.
2
Failure to obtain an authorization for a regulated
							 activity that could havebeen covered under a general permit; or
Failure to submit on time a monitoring or progress
							 report, notice of commencement of an activity, non-compliance notice, or any
							 other notice or report, except a notice of completion,required by a statute,
							 regulation, order, permit or approval.
3
Failure to obtain a permit for a regulated activity
							 that was not covered by a general permit, or to submit on time plans or
							 descriptions of work, or to perform any other action required by a statute,
							 regulation, order, permit or approval.
[ALPHA] Surface water and groundwater classifications as
				  prescribed by the Water Quality Standards.
Each distinct violation shall then be evaluated in terms of
				  its extent of deviation from the legal requirement using the criteria in Table
				  1B.
Table 1B Extent of Deviation Criteria For
							 Inland Water Resources, Stream Channel Encroachment Lines, Water Diversion Or
							 Dam Safety Violations
Extent of Deviation
Criteria
Minor
Minimal noncompliance with the legal requirement in
							 that the violator deviates somewhat from the requirement but that most of the
							 requirement, or all important aspects of the requirement, were met after either
							 minimal or no delay.
Significant
Deviation from the legal requirement that does not
							 meet the criteria for minor deviation.
The gravity-based penalty component for each distinct
				  violation shall comprise:
(1) A
				gravity-based penalty for the first day of violation, which is obtained from
				the appropriate subcell in the penalty matrix in Table 1C; and
(2) A gravity-based penalty for each day the
				violation continued beyond the first day, which is equal to the number of days
				such violation continued beyond the first day multiplied by an amount not less
				than ten percent and not greater than twenty-five percent of the first day
				gravity-based penalty.
Table 1C Penalty Matrix for Inland Water
							 Resources, Stream Channel Encroachment Lines, Water Diversion Or Dam Safety
							 Violations
POTENTIAL FOR HARM
EXTENT OF DEVIATION
Total Score
Significant
Minor
15
$ 1,000
$ 600
14
$ 930
$ 570
13
$ 860
$ 540
12
$ 790
$ 510
11
$ 720
$ 480
10
$ 480
$ 180
9
$ 424
$ 160
8
$ 368
$ 140
7
$ 312
$ 120
6
$ 256
$ 100
5
$ 110
$ 50
4
$ 100
$ 45
3
$ 90
$ 40
2
$ 80
$ 35
1
$ 70
$ 35