What must a CAC consider when determining the violation class and fine amount for a civil penalty?

When a Compliance Assurance Coordinator (CAC) determines the violation class and fine amount for a civil penalty, one of the key factors to consider is the possibility of a health or environmental effect to humans or the environment. This consideration is crucial because it reflects the severity and impact of the violation. If a violation poses significant harm to public health or the environment, it typically warrants a higher violation class and a more substantial fine to ensure that the consequences are appropriate to the potential risk involved.

Additionally, the compliance history of the violator is also important. A violator with prior violations may face more serious penalties, reflecting a pattern of non-compliance that can potentially indicate a lack of commitment to adhering to regulations. This two-pronged approach—assessing both the potential harm caused by the violation and the violator's history—ensures that penalties serve not only as a punishment but also as a deterrent against future violations.

This reasoned process emphasizes the importance of balancing public safety and environmental protection with the enforcement of regulations, thus aligning penalties with the seriousness of the offense.