Assessment considerations.

In determining the amount of a civil penalty under this part,#

(a)The Associate Administrator will consider:#

(1)The nature, circumstances and gravity of the violation, including adverse impact on the environment;#

(2)The degree of the respondent's culpability;#

(3)The respondent's history of prior offenses;#

(4)Any good faith by the respondent in attempting to achieve compliance;#

(5)The effect on the respondent's ability to continue in business; and#

(b)The Associate Administrator may consider:#

(1)The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and#

(2)Such other matters as justice may require.#