Section Env-A 3110.02 - Violation Day Definition for User Source Excess Emissions(a) Section 113(b) of the Act authorizes a maximum civil penalty of $25,000 per day for each violation.(b) For purposes of this regulation, the maximum number of days of violation associated with improper DER use or insufficient DER quantity shall be the number of consecutive days with insufficient DER quantity after taking into account DERs used to offset excess emissions (converted to units of mass) on a consecutive day basis.(c) If a user is unable to document actual emissions rate on a daily basis, the maximum number of days of violation shall include every day since the beginning of the use period during which there was insufficient DERs.(d) Failure to keep adequate records, as required by Env-A 3106, shall be equivalent to a lack of creditable DERs.N.H. Code Admin. R. Env-A 3110.02
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