Inability to Pay the Penalty
(1)After a penalty is assessed, DEQ may reduce a penalty based on the respondent’s inability to pay the full penalty amount. In order to do so, DEQ must receive information regarding the respondent’s financial condition on a form required by DEQ along with any additional documentation requested by DEQ.
(2)If the respondent is currently unable to pay the full penalty amount, the first option is to place the respondent on a payment schedule with interest. DEQ may reduce the penalty only after determining that the respondent is unable to meet a payment schedule of a length DEQ determines is reasonable.
(3)In considering the respondent’s ability to pay a civil penalty, DEQ may use the U.S. Environmental Protection Agency’s ABEL, INDIPAY or MUNIPAY computer models to evaluate a respondent’s financial condition or ability to pay the full civil penalty amount. Upon request of the respondent, DEQ will provide the respondent the name of the version of the model used and respond to any reasonable request for information about the content or operation of the model;
(4)DEQ, at its discretion, may refuse to reduce an assessed civil penalty. In exercising this discretion, DEQ may take into consideration any factor related to the violations or the respondent, including but not limited to the respondent’s mental state, whether the respondent has corrected the violation or taken efforts to ensure the violation will not be repeated, whether the respondent’s financial condition poses a serious concern regarding the respondent’s ability to remain in compliance, the respondent’s future ability to pay, and the respondent’s real property or other assets.
Rule 340-012-0162 — Inability to Pay the Penalty,