A. A registrant of a pesticide is subject to a penalty of up to ten thousand dollars for each day that a groundwater protection data gap exists unless the information was waived pursuant to section 49-302, subsection D or a conditional registration was granted pursuant to section 49-310. In determining the amount of the penalty, the following shall be considered:

1. 1. The extent to which the registrant has made every effort to submit the valid, complete and adequate information.
2. 2. Circumstances beyond the control of the registrant that have prevented the registrant from submitting valid, complete and adequate information.