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0 Penalty Assessment Analysis Snyder Dump PRC section 45016 lists the matters to be considered prior to making a determination regarding the amount of any liability that maybe imposed pursuant to an order issued under PRC section 45000 et seq., and which include the following: (a) The nature, circumstances, extent, and gravity of any violation or any condition giving rise to the violation and the various remedies and penalties that are appropriate in the given circumstances, with primary emphasis on protecting the public health and safety and the environment. (b) Whether the violations or conditions giving rise to the violation have been corrected in a timely fashion or reasonable progress is being made. (c) Whether the violations or conditions giving rise to the violation demonstrate a chronic pattern of noncompliance with this division, the regulations adopted pursuant to this division, or with the terms and conditions of a solid waste facilities permit, or pose, or have posed, a serious risk to the public health and safety or to the environment. (d) Whether the violations or conditions giving rise to the violation were intentional. (e) Whether the violations or conditions giving rise to the violation were voluntarily and promptly reported to appropriate authorities prior to the commencement of an investigation by the enforcement agency. (f) Whether the violations or conditions giving rise to the violation were due to circumstances beyond the reasonable control of the violator or were otherwise unavoidable under the circumstances. (g) Whether in the case of violations of this division, or the regulations adopted pursuant to this division, the violator has established...programs prior to committing the violation that will help to prevent violations of the type committed in the future. Robert McClellon applied the criteria set forth in PRC section 45016 in assessing the civil penalties set forth in the NOPA. Mr. McClellon considered the purpose of imposing monetary penalties, which included achieving compliance; protecting the environment; protecting public health and safety; deterring future misconduct; and eliminating unfair business advantage gained from noncompliance. All three violations were repeatedly cited by EHD personnel for failure to remediate these deficiencies at every inspection performed on the site between November 2003 and December 2011. Owner/Operator was repeatedly reminded that the Notice and Order was still in effect, and on December 9, 2009, was specifically warned that failure to abate the violations "may result in additional enforcement actions."