In determining the amount of civil penalty assessment, pursuant to Section 48-20-220 of the S. C. Mining Act, the Department shall consider the following criteria insofar as they are appropriate to the violation:

1. (A) Nature of violation;
2. (B) Degree and extent of the harm, including off-site damage;
3. (C) Duration of the violation;
4. (D) Cause of the violation;
5. (E) Cost of compliance and rectifying any harm or damage;
6. (F) Violator’s previous record of compliance with the Mining Act, or any rules promulgated thereunder, or any mining permit issued to the violator;
7. (G) Documented staff investigative costs consisting of salary plus expenses, exclusive of overhead;
8. (H) Effectiveness of any action taken by the operator;
9. (I) Magnitude of potential or actual gains by the operator resulting from the violation;
10. (J) Demonstration of good faith by operator.