(a) A Class I violation includes: those violations that the state board has determined, based upon its enforcement discretion, to be of a nature that is clear cut, and less complex and serious, in terms of size, scope, and harm to the public and environment. Class I violations may cover:(1) All violations arising pursuant to Health and Safety Code sections 44011.6 et seq.(2) Violations arising under Part 5, chapters 1 to 4 and chapter 6 of division 26 of the Health and Safety Code, or violations of any rule, regulation, permit, variance, or orders of the state board adopted or issued by the state board pursuant to the authority granted by those provisions of the Health and Safety Code.(3) Violations of regulations adopted and orders issued by the state board pursuant to authority granted under Parts 1 through 4 of division 26 of the Health and Safety Code.(b) In determining whether violations are Class I violations under section (a)(2) and (a)(3), and the penalty levels of a citation, the state board shall consider the civil penalty amounts prescribed by statute and all relevant circumstances surrounding the violation, the penalty criteria set forth in section 60075.39, supra, and the following; (1) The discernability of the violation;(2) The potential risk of injury to the public and environmental harm from such a violation;(3) Whether the violation is a single violation or has occurred in tandem with other violations;(4) The frequency and duration of the violation;(5) The time, effort, and expense required to correct the violation;(6) The cooperation of the citee in detecting and correcting the violation;(7) The compliance history of the citee;(8) Other factors as appropriate.(c) The maximum civil penalty that may be proposed for each Class I violation, described in subparagraph (a)(2) and (a)(3) above, may not exceed the lesser of the maximum allowed by statue for a violation or $5,000 per day for each day that a violation occurs. In addition, the maximum cumulative penalty that may be proposed in any single citation may not exceed $15,000. See section 60075.39. In determining the amount allowed by statute, the ARB shall use the method of calculation set forth in the underlying statue (e.g., HSC §43016 states that penalties shall be assessed on a per vehicle basis and shall not exceed $500 per vehicle.)(d) The state board shall not issue a citation for a Class I violation covered by section (a)(3) for any violation if the state board shares concurrent enforcement jurisdiction with a district and the district has commenced an enforcement action for that violation.Cal. Code Regs. Tit. 17, § 60075.11
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 subarticle 2, renumbering of former section 60075.11 to section 60075.18 and new section 60075.11 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. 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 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, 43008.6, 42410, 43012, 43016, 43021, 43023, 43026, 43027, 43028, 43029, 43030, 43031(a), 43154, 43201, 43211, 43212 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 subarticle 2, renumbering of former section 60075.11 to section 60075.18 and new section 60075.11 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).