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Administrative Order - Page 29 of 30 <br />(d) 4, if the person responsible has had two or more violations <br />similar to the present violation within the past two years. <br /> <br />(3) "C" is whether the cause of the violation was an unavoidable <br />accident, negligence, or a reckless or intentional act. The value of "C" shall be: <br /> <br />(a) 1, if the violation was caused by an unavoidable accident or <br />was caused by others. This category applies when the civil penalty is <br />assessed either (i) against a person who caused the violation but could not <br />have reasonably foreseen that a violation would occur; or (ii) against a <br />person who is responsible for the property, such as an owner or landlord, <br />but who was not physically in charge of the property when the violation <br />occurred. <br /> <br />(b) 2, if the violation was caused by a responsible person's <br />negligence. Negligence is the failure to exercise the care that a prudent <br />person would exercise under the circumstances. This category applies <br />where a person caused a violation by carelessness. <br /> <br />(c) 5, if the violation was caused by a responsible person's <br />reckless or intentional acts. A reckless act is marked by a lack of proper <br />caution or disregard for consequences. An intentional act is an act done <br />knowingly or willfully. A failure to charge a rate consistent with the Solid <br />Waste Collection Rate Schedule or the charging of a rate that is inconsistent <br />with that Schedule shall be considered knowing and intentional. <br /> <br />(4) “T” is the type of violation. The value of “T” shall be: <br /> <br />(a) 1, for customer violations of R-3.250-U, for licensee failure <br />to timely file a report as required by these Rules, or for obvious <br />bookkeeping errors. <br /> <br />(b) 2, for licensee violations of EC Chapter 3 or R-3.250-F <br />through R-3.250-R, except as provided in a, above; <br /> <br />(c) 5, for licensee violations of R-3.250-S. <br /> <br />b. The MULTIPLIER is equal to "K" where "K" is the knowledge the <br />responsible person had at the time of the violation about the legality of his/her action, based <br />on prior notice, order or enforcement action, experience and expertise relating to the <br />circumstances of the violation. The value of "K" shall be: <br /> <br />(1) 1, if the responsible person had not been informed and could not <br />reasonably be expected to be aware that the action constituted a violation.