---
kind: "section"
citation: "18 C.F.R. § 401.96"
title: "18"
number: "401.96"
heading: "Factors to be applied in fixing penalty amount."
url: "https://uscodex.org/cfr/18/401.96"
---

# §401.96. Factors to be applied in fixing penalty amount.

- (a) Consideration shall be given to the following factors in deciding the amount of any penalty or any settlement in lieu of penalty:
  - (1) Previous violation, if any, of the Commission's Compact and regulations;
  - (2) Whether the violation was unintentional or willful and deliberate;
  - (3) Whether the violation caused adverse environmental consequences and the extent of any harm;
  - (4) The costs incurred by the Commission or any signatory party relating to the failure to comply with the Commission's Compact and regulations;
  - (5) The extent to which the violator has cooperated with the Commission in correcting the violation and remediating any adverse consequences or harm that resulted therefrom; and
  - (6) Whether the failure to comply with the Commission's Compact and regulations was economically beneficial to the violator.
- (b) The Commission retains the right to waive any penalty or reduce the amount of the penalty should it determine that, after consideration of the factors in [paragraph (a)](#a) of this section, extenuating circumstances justify such action.

## Notes

### Source

Source: 52 FR 37602, Oct. 8, 1987, unless otherwise noted.

### Authority

Authority: Delaware River Basin Compact (75 Stat. 688), unless otherwise noted.

### Source

Source: 39 FR 25474, July 11, 1974, unless otherwise noted.