Alaska Admin. Code tit. 11, § 90.637 – Amount of civil penalty against a director, officer, or agent of a corporate permittee

(a) In determining the amount of a civil penalty assessed against a director, officer, or agent of a corporate permittee under AS 27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under AS 27.21.250(h), the commissioner will consider
1. (1) the director's, officer's, or agent's history of authorizing, ordering, or carrying out previous violations, failures, or refusals at the particular operation;
2. (2) the seriousness of the violation, failure, or refusal, as indicated by
  1. (A) the extent of damage;
  2. (B) the anticipated cost of reclamation
  3. (C) whether irreparable damage to the environment occurred;
  4. (D) the extent that the violation, failure, or refusal has created a hazard to public health or safety; and
  5. (E) the seriousness of any hazard that has been created to public health or safety;
3. (3) the extent to which the director's, officer's, or agent's negligence, rather than knowing and willful conduct, resulted in the violation, failure, or refusal; and
4. (4) the demonstrated good faith of the director, officer, or agent in attempting to achieve rapid compliance after receiving the notice of the violation, failure, or refusal.
(b) The commissioner may consider each day of a continuing violation as a separate violation, and may assess a separate civil penalty against a director, officer, or agent of a corporate permittee under AS 27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under AS 27.21.250(h), for each day the violation, failure, or refusal continues, beginning on the date of service of the underlying notice of violation, cessation order, or other order incorporated in a final decision issued by the commissioner, and ending on the date abatement or compliance is achieved.
(c) For purposes of this section "violation, failure, or refusal" includes
1. (1) a failure to comply with a condition of a permit or of any other permit that the commissioner is enforcing under AS 27.21.240 or the regulations implementing that section; or
2. (2) a failure or refusal to comply with any order issued under AS 27.21.240, or any order incorporated in a final decision issued by the commissioner, except an order incorporated in a decision issued under AS 27.21.250(c).

(Eff. 4/24/2009, Register 190; am 7/7/2022, Register 243)