Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Assessment of Administrative Penalties (250-RICR-130-00-1) › Section 250-RICR-130-00-1.10 - Assessment of Administrative Penalty - Calculation

Current through June 14, 2024
A.
				  The amount of the penalty will be calculated based on the factors enumerated
				  below. The factors set forth in R.I. Gen. Laws §
										42-17.6-6 shall be considered when
				  calculating the Type of Violation and Deviation from the Standard as set forth
				  below.
1. The penalty may be based on the
				  gravity of the violation. That portion will be calculated according to the
				  applicable "Penalty Matrix" in the Appendix §
											1.14 of this Part. The
				  applicable penalty range is reached by first determining the "Type of
				  Violation" and the "Deviation from the Standard" of the alleged violation.
a. "Type of Violation" - refers to the nature
				  of the legal requirement allegedly violated.
(1) Type I violations include violations of
				  legal requirements identified by the Director as directly related to the
				  protection of the public health, safety, welfare or environment. Such
				  violations include, but are not necessarily limited to, acts which pose an
				  actual or potential for harm to the public health, safety, welfare or the
				  environment; acts or failures to act which are of major importance to the
				  regulatory program; any failure to obtain a required permit, license or
				  approval from the Director; any failure to report an unauthorized activity
				  which actually or potentially threatens the public health, safety, welfare or
				  the environment; any failure to take remedial action to mitigate a known or
				  suspected harm; and/or any failure to comply with an order of the Director
				  which is presently enforceable.
(2)
				  Type II violations include violations of legal requirements identified by the
				  Director as important but indirectly related to the protection of the public
				  health, safety, welfare or environment. Such violations include, but are not
				  necessarily limited to, acts which pose an indirect actual or potential for
				  harm to the public health, safety, welfare or the environment; acts or failures
				  to act which are of moderate importance to the regulatory program; and/or
				  failure to comply with any procedure required by any law administered by the
				  Director, or by a Rule or Regulation adopted pursuant to the Director's
				  authority for the prevention of harm to the public health, safety, welfare or
				  the environment.
(3) Type III
				  violations include violations of legal requirements identified by the Director
				  as important but incidental to the protection of public health, safety, welfare
				  or the environment. Such violations include, but are not necessarily limited
				  to, acts of noncompliance with routine sampling schedules, reporting
				  requirements or analytical methods which are incidental to the Department's
				  ability and obligation to enforce the laws administered by the
				  Director.