Section 60065.40 - Penalty Assessment Criteria(a) In determining penalties for complaints issued under Health and Safety Code section 42410, the hearing officer shall consider all relevant circumstances, including, but not limited to:(1) The extent of harm caused by the violation;(2) The nature and persistence of the violation;(3) The length of time over which the violation occurs;(4) The frequency of past violations;(5) The record of maintenance;(6) The unproven or innovative nature of the control equipment;(7) Any action taken by the respondent, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation;(8) The financial burden to the respondent; and(9) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated.(b) In determining penalties for complaints 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 extent of harm caused by the violation to public health and safety and to the environment;(2) The nature and persistence of the violation, including the magnitude of the excess emissions;(3) The compliance history of the respondent, including the frequency of past violations;(4) The preventive efforts taken by respondent, including the record of maintenance and any program to ensure compliance;(5) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods;(6) The efforts to attain, or provide for, compliance;(7) The cooperation of the respondent 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;(8) For the person who owns a single retail service station, the size of the business; and(9) The penalties or range of penalties set forth in the underlying rules or regulations that have been violated.Cal. Code Regs. Tit. 17, § 60065.40
1. New section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2. 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 and 43031(a), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42403, 42410, 43023, 43028 and 43031(a), Health and Safety Code.
1. New section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2. Amendment of section and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).