1. (1) Where the director determines a penalty is appropriate under Section 19-6-416, the penalty shall not be more than $500 per occurrence. Factors that mitigate against a higher penalty are:

   1. (a) a facility's certificate of compliance recently lapsed and product has been delivered; or
   2. (b) a facility is in compliance and replaces their tank and received one delivery of fuel without a certificate of compliance or authorization from the department, or a new facility or new tanks receive an initial delivery of fuel without a certificate of compliance or authorization from the director.

2. (2) The director may assess a penalty against each violator involved in an illegal delivery occurrence.

   1. (a) if a violator is operating as a deliverer and an owner or operator, the violator may be assessed a penalty in each capacity.

KEY: penalties, petroleum, underground storage tanks

Date of Last Change: July 15, 2022

Notice of Continuation: March 8, 2022

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6