The cited party shall be assessed a penalty for each violation issued pursuant to this article. The penalty structure for each class of violation, as described in section 2299.03 of this Division, shall be as follows:
(a) Class 1 violations (1) Class 1 violations are subject to penalties in the amount listed in the following table: Minor | Not to exceed $5,000 per violation |
Moderate | Not to exceed $10,000 per violation |
Major (I) | Not to exceed $20,000 per violation |
Major (II) | Not to exceed $27,500 per violation |
(2) Every ballast tank involved in a ballast discharge violating this Division shall be deemed a separate Class 1 violation.(b) Class 2 violations (1) Upon the first occurrence of a Class 2 violation by a vessel, in lieu of a penalty, a letter of noncompliance shall be sent to the cited party explaining the violation.(2) Subsequent occurrences by a vessel of the same type of Class 2 violation shall be subject to a penalty of $10,000 per violation.(c) Class 3 violations(1) Upon the first occurrence of a Class 3 violation, in lieu of a penalty, a letter of noncompliance shall be sent to the cited party explaining the violation.(2) Subsequent occurrences of the same type of Class 3 violation shall be assessed a penalty of $1,000 per violation. Every thirty (30) day period that a required form or forms remain unsubmitted after the original period for submission identified in section 2299.03(c) of this Division shall be deemed a separate violation.Cal. Code Regs. Tit. 2, § 2299.04
1. New section filed 3-21-2017; operative 7-1-2017 (Register 2017, No. 12). Note: Authority cited: Sections 71201.7 and 71216, Public Resources Code. Reference: Sections 71207 and 71216, Public Resources Code.
1. New section filed 3-21-2017; operative 7/1/2017 (Register 2017, No. 12).