Section 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.Cal. Code Regs. Tit. 17, § 95107
1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
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.
1. New section filed 12-2-2008; operative 1-1-2009 (Register 2008, No. 49).
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).