Guidance: Penalty Matrix for RCRA Section 7003 Civil Penalty Policy

In 1997, the Agency issued guidance for the use of administrative orders under section 7003 of the Resource Conservation and Recovery Act (RCRA). See "Guidance on the Use of Section 7003 of RCRA" (10/20/1997).The 1997 guidance included a matrix to determine the appropriate penalties for violations of Section 7003 based on the statutory daily penalty.

The Agency updates the penalty matrix for the RCRA § 7003 civil penalty policy in compliance with the “Civil Monetary Penalty Inflation Adjustment Rule.” The rule requires adjustments to the federal maximum civil monetary penalties to keep pace with inflation and to maintain the deterrent effect.

EPA recently revised the penalty matrix for RCRA § 7003 on September 6, 2016.

Beginning in 2018 the maximum daily penalty will be adjusted for inflation and a revised matrix will be issued annually to reflect that adjustment.

The following RCRA § 7003 penalty matrices have been issued to update the penalty matrix contained in the 1997 guidance:

RCRA § 7003 Penalty Matrices  
For Violations that Occurred Use Penalty Matrix Issued
After 11/2/2015 September 6, 2016
After 1/12/2009 and Before 11/2/2015 July 17, 2009
After 3/14/2004 and Before 1/12/2009 April 20, 2005

The RCRA § 7003 penalty matrices referenced in the above table are available for download:

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