Section 95359 - Enforcement(a)Penalties. Penalties may be assessed for any violation of this subarticle pursuant to Health and Safety Code section 38580. Each day during any portion of which a violation occurs is a separate offense.(b) Each day or portion thereof that any report required by this subarticle remains unsubmitted; is submitted late; or contains an incomplete, untrue or inaccurate data field after the reporting deadline shall constitute a single, separate violation of this subarticle. The Executive Officer shall take into consideration the materiality of any incomplete or inaccurate information when penalties are assessed.(c) Each MTCO2e exceedance of the emission rate limit for a data year prior to 2021 or to the emissions limit for data years 2021 and beyond shall constitute a single, separate violation of this subarticle.(d) Any acquisition of an SF6 GIE device after the dates provided in Table 1 and Table 2 of section 95352 shall constitute a single, separate violation of this subarticle for each day the GIE owner is in possession of the device and for each MTCO2e of covered insulating gas at activation, in that device, or that the device is designed to contain, unless it was acquired pursuant to one of the exceptions noted in section 95352(a)(1)-(4).(e)Injunctions. Any violation of this subarticle may be enjoined pursuant to Health and Safety Code section 41513.Cal. Code Regs. Tit. 17, § 95359
1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 5).
2. Renumbering of former section 95359 to section 95359.1 and renumbering of former section 95358 to section 95359, including amendment of section and NOTE, filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.) Note: Authority cited: Sections 38510, 38560, 38580, 39600, 39601, 41510 and 41513, Health and Safety Code. Reference: Sections 38560, 38580, 39600, 39601, 41510 and 41513, Health and Safety Code.
1. New section filed 2-2-2011; operative 2-2-2011 pursuant to Government Code section 11343.4(Register 2011, No. 5).
2. Renumbering of former section 95359 to section 95359.1 and renumbering of former section 95358 to section 95359, including amendment of section and Note, filed 12-30-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)