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(1) Prior to issuing an NOV and order that is to include administrative penalties, the department director or designee may consider suspending a portion of the administrative penalties when deemed appropriate. In evaluating the appropriateness of suspended penalties, the department director or designee shall consider the following criteria:

(a) timeliness in response to violation;

(b) history of past violations;

(c) cooperative efforts toward compliance;

(d) severity of violation and relative risk to human health; and

(e) other extenuating circumstances.

(2) Whenever the director or designee determines that suspended penalties are appropriate, then written documentation will be provided stating the basis for the determination using the criteria listed in (1) (a) through (e) .

(3) Penalties suspended under this provision will be deemed waived if the violator complies with all provisions of the administrative order and remains in compliance for a period of one year from the date of compliance with the administrative order.

History: 75-6-103, MCA; IMP, 75-6-109, MCA; NEW, 1995 MAR p. 282, Eff. 2/10/95; TRANS, from DHES, 1996 MAR p. 1499; TRANS, from 17.36.1107, 1998 MAR p. 2754, Eff. 10/9/98.

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