40.17.250 Penalty Figure Accepted in Settlement by Tmbci/Epa

The methodology for determining and documenting the penalty figure the TMBCI/EPA accepts in settlement should be basically identical to that employed in calculating the proposed penalty, but should also include consideration of: (1) any new and relevant information obtained from the violator or elsewhere, and (2) all other downward adjustment factors (in addition to the "good faith efforts" factor weighed in calculating the proposed penalty). It may be noted that this Policy serves as guidance not only to be TMBCI/EPA personnel charged with responsibility for calculating appropriate penalty amounts for violations of the SHWMC but also may be used by Tribal judicial officers presiding over judicial civil actions.