In determining the amount of a civil penalty under section 1 of this chapter, the director shall consider the following:

1. (1) The permittee's history of previous violations at the surface coal mining and reclamation operation.
2. (2) The seriousness of the violation, including any irreparable harm to the environment and hazard to the health and safety of the public.
3. (3) The permittee's negligence.

4. (4) The demonstrated good faith of the permittee to achieve rapid compliance after notification of the violation.

   [Pre-1995 Recodification Citation: 13-4.1-12-1(b) part.]

As added by P.L.1-1995, SEC.27.