Section 60075.39 - Penalty Assessment Criteria(a) For citations issued under Health and Safety Code section 44011.6 and the regulation adopted pursuant thereto, title 13, California Code of Regulations, sections 2180, et seq., the hearing officer shall follow the penalty schedule outlined in title 13, CCR, section 2185.(b) In determining penalties for citations issued under Health and Safety Code sections 43023 and 43028, the hearing officer shall consider all relevant circumstances, including, but not limited to:(1) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated;(2) The extent of harm caused by the violation to public health and safety and to the environment;(3) The nature and persistence of the violation, including the magnitude of the excess emissions;(4) The compliance history of the citee, including the frequency of past violations;(5) The preventive efforts taken by citee, including the record of maintenance and any program to ensure compliance;(6) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods;(7) The efforts to attain, or provide for, compliance;(8) The cooperation of the citee during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation; and(9) For the person who owns a single retail service station, the size of the business.(c) In determining penalties for citations issued under Health and Safety Code section 42410, the hearing officer shall consider all relevant circumstances, including, but not limited to: (1) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated;(2) The extent of harm caused by the violation;(3) The nature and persistence of the violation;(4) The length of time over which the violation occurs;(5) The frequency of past violations;(6) The record of maintenance;(7) The unproven or innovative nature of the control equipment;(8) Any action taken by the respondent, including the nature, extent, and time or response of the cleanup and construction undertaken, to mitigate the violation; and(9) The financial burden to the respondent.Cal. Code Regs. Tit. 17, § 60075.39
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. New section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Change without regulatory effect repealing version of section 60075.39 in effect prior to 9-1-99 action filed 9-20-99 pursuant to section 100, title 1 California Code of Regulations (Register 99, No. 39).
4. Amendment of section and NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36). Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42403, 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. New section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Change without regulatory effect repealing version of section 60075.39 in effect prior to 9-1-99 action filed 9-20-99 pursuant to section 100, title 1 California Code of Regulations (Register 99, No. 39).
4. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).