California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 22 - Enforcement, Inspections, and Informant Rewards › Article 3 - Assessment of Administrative Penalties › Section 66272.63 - Initial Penalty Adjustment Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After determining the initial penalty,
				  the Enforcement Agency shall adjust the initial penalty based on the violator's
				  intent in committing the violation using the following guidelines:
Adjustment Factors for Violator's
					 Intent
Adjustment Factor
Circumstance
Downward Adjustment of 100 percent
Violation was completely beyond the control of the
								violator.
Downward Adjustment of 0 to 50
								percent
Violation occurred despite good faith efforts to
								comply with regulation(s).
No Adjustment
Violation indicated neither good faith efforts nor
								intentional failure to comply.
Upward Adjustment of 50 percent to 100
								percent
Violation was a result of intentional failure to
								comply.
(b)
				  Adjustment of the initial penalty in accordance with subsection (a) may result
				  in an adjusted initial penalty that is higher or lower than the range presented
				  in the originally selected matrix cell.
(c) The initial penalty shall be increased by
				  the amount of any economic benefit gained or cost of compliance avoided by the
				  violator as a result of noncompliance up to the statutory maximum for each
				  violation. Economic benefit includes, but is not limited to, avoided costs,
				  increased profits, having the use of capital from delayed or avoided costs, and
				  avoided interest.
(d) The adjusted
				  initial penalty for a violation shall not exceed the statutory
				  maximum.
1. New
					 section filed 7-15-97; operative 7-1-97 (Register 97, No. 29). This interim
					 regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act and from review by the Office of Administrative
					 Law pursuant to Government Code section
					 11400.20
					 and will expire on December 31, 1998 unless earlier terminated or replaced by,
					 or readopted as, permanent regulations.
2. Expired by its own terms
					 on 12-31-98 (Register 99, No. 3).
3. New section filed 1-14-99 as an
					 emergency; operative 1-14-99 (Register 99, No. 3). A Certificate of Compliance
					 must be transmitted to OAL by 5-14-99 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 5-10-99 as an emergency; operative 5-10-99 (Register 99, No. 20). A Certificate
					 of Compliance must be transmitted to OAL by 9-7-99 or emergency language will
					 be repealed by operation of law on the following day.
5. New section
					 refiled 9-7-99 as an emergency; operative 9-7-99 (Register 99, No. 37). A
					 Certificate of Compliance must be transmitted to OAL by 1-5-2000 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 38).
7. New section filed 12-13-2000 as an
					 emergency; operative 12-13-2000 (Register 2000, No. 50). A Certificate of
					 Compliance must be transmitted to OAL by 4-12-2001 or emergency language will
					 be repealed by operation of law on the following day.
8. New section
					 refiled 3-30-2001 as an emergency; operative 4-13-2001 (Register 2001, No. 13).
					 A Certificate of Compliance must be transmitted to OAL by 8-13-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
9. Certificate of Compliance as to 3-30-2001 order, including
					 amendment of section, transmitted to OAL 7-19-2001 and filed 8-28-2001
					 (Register 2001, No. 35).
Note: Authority cited: Sections
						25150
						and
						58012,
						Health and Safety Code. Reference: Sections
						25187
						and
						25189.2,
						Health and Safety Code; and Section
						11425.50,
						Government Code.