Cal. Code Regs. Tit. 17, § 95107 - Enforcement
(a) Penalties may
be assessed for any violation of this article pursuant to Health and Safety
Code section
38580.
In seeking any penalty amount, ARB shall consider all relevant circumstances,
including any pattern of violation, the size and complexity of the reporting
entity's operations, and the other criteria in Health and Safety Code section
42403(b).
(b) Each day or portion thereof that any
report required by this article remains unsubmitted, is submitted late, or
contains information that is incomplete or inaccurate is a single, separate
violation. For purposes of this section, "report" means any emissions data
report, verification statement, or other document required to be submitted to
the Executive Officer by this article.
(c) Each metric ton of
CO2e emitted but not reported as required by this
article is a separate violation. ARB will not initiate enforcement action under
this subparagraph until after any applicable verification deadline for the
pertinent report.
(d) Each failure
to measure, collect, record or preserve information in the manner required by
this article constitutes a separate violation, except where the reporting
entity can demonstrate that the failure results solely from maintenance or
calibration required by this article.
(e) The Executive Officer may revoke or
modify any Executive Order issued pursuant to this article as a sanction for a
violation of this article.
(f) The
violation of any condition of an Executive Order that is issued pursuant to
this article is a separate violation.
(g) Any violation of this article may be
enjoined pursuant to Health and Safety Code section
41513.
Notes
2. Amendment of section and NOTE filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
Note: Authority cited: Sections 38510, 38530, 38580, 39600, 39601, 39607, 39607.4 and 41511, Health and Safety Code. Reference: Sections 38530, 38580, 39600 and 41511, Health and Safety Code.
2. Amendment of section and Note filed 12-14-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
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