Regulations and Policies
shoomoosh
Penaltypresentation.pptxEnforcement Penalty Process
University of Hartford
April 16, 2020
MaryAnn Haverstock
Penalty Components
Three main components
1. Economic Benefit
2. Basic Gravity Based
3. Continuing Gravity Based
+/- adjustments
You will be setting up your Penalty Assessment project in a spreadsheet format with individual sections that represent each of the three main components.
Then, you will have an additional spreadsheet that will make adjustments according to the Enforcement Response Policy and the Penalty Assessment Policy
Economic Benefit Component
Delayed economic benefit
OR
Avoided economic benefit
EPA has a BEN model that may help you to calculate your economic benefit.
More likely, you will be conducting your own research for penalty equivalent costs that have been delayed or avoided. Then, you are including that cost (economic benefit) in your penalty for that violation.
Basic Gravity Based Component
Extent of Deviation
Relates to the violation itself
Major – substantial noncompliance
Moderate – significant noncompliance
Minor – Minimal noncompliance
Potential for Harm
Harm to the Environment
Harm to the Regulatory Program
Population at risk
Environment at risk
Quantity of the discharge, emission, waste, material..
Nature of the physical, chemical, biological, other characteristics- including pollutant concentration, toxicity, fire or explosion hazard, corrosivity, hazard from direct contact..
Quality of natural resource
Continuing Gravity Based Penalty Component Same breakout as the Gravity based component, except you will have a range for this penalty component.
Extent of Deviation (from legal requirements)
Relates to the violation itself
Major – substantial noncompliance
Moderate – significant noncompliance
Minor – Minimal noncompliance
Potential for harm
Harm to the Environment
Harm to the Regulatory Program
Population at risk
Environment at risk
Quantity of the discharge, emission, waste, material..
Nature of the physical, chemical, biological, other characteristics- including pollutant concentration, toxicity, fire or explosion hazard, corrosivity, hazard from direct contact..
Quality of natural resource
Adjustments portion of the penalty in the penalty component
Good faith efforts
Degree of willfulness/negligence
History of noncompliance
Ability to pay
Other unique factors (ex. Cost of litigation)
Final penalty summary page
Final report to include all subcategories of your penalty calculations and your final TOTAL penalty. Spreadsheet may be most helpful to you.
All format is up to your choices, But - you must be clear and concise.
An introduction to explain your assumptions as you move through the inspection report and make your decisions about extents and potentials and adjustments
This is an exercise. One goal for this project is the amount of critical thinking that must happen for you as you make your decisions – seeing the levels of choices and decisions
