Section R12-1-1214. Mitigating Factors

A.      The Agency may refrain from issuing a Notice of Violation for Severity Level IV or V violations identified by the registrant or licensee provided the severity level IV or V violations are identified in an inspection report, the report includes a brief description of the corrective action, and the violation meets all of the following criteria:

1.        It was identified by the licensee, as a result of an event discovered by the licensee or registrant;

2.        It was not a violation that could reasonably be expected to have been prevented by the licensee’s or registrant’s cor- rective action for a previous violation or a previous licensee or registrant finding;

3.        It was or will be corrected within a reasonable time, by specific corrective action committed to by the registrant or licensee by the end of the inspection. The corrective action shall include comprehensive measures that will prevent reoccurrence;

4.        It was not a willful violation or, if it was willful:

a.         The violation was reported to the Agency;

b.        The violation appears to be the isolated action of an employee without management involvement and the violation was not caused by lack of management oversignt;

c.         Significant remedial action was taken by  the licensee or registrant, demonstrating the seriousness of the violation to all affected personnel.

B.       The Director may:

1.        Reduce the scheduled civil penalty, including any aug- mentation, by 50% for the discovery, remedy, and volun- tary reporting of a severity level I or II violation by the registrant or licensee; or

2.        Waive the scheduled civil penalty, including augmented civil penalties, for the discovery, remedy, and voluntary reporting of a severity level III, IV, or V violation by the registrant or licensee. For the purposes of this rule, “vol- untary reporting” means that the registrant or licensee has notified the Agency of a violation, the reporting of which may or may not be required under 12 A.A.C. 1.

Historical Note

Adopted effective January 2, 1996 (Supp. 96-1).

Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2).