California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 2 - Procedures for the Issuance of Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability › Article 1 - Definitions › Section 11310 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions are applicable to this
						chapter:
(a) "Complaint," as used in
					 subsection (b) of Section
					 66641.6 of
					 the Government Code, means the document that initiates the possible imposition
					 of administrative civil liability by the Commission. A complaint shall contain
					 the information required by Government Code Section
					 66641.6(b)
					 and follow the format and include the information for a staff violation
					 report/complaint as set out in Appendix H.
(b) "Enforcement committee," as used in this
					 chapter, means a committee that the Commission has established pursuant to
					 Commission resolution. The Chair shall appoint Commission members or other
					 representatives of the Commission to the enforcement committee with the
					 concurrence of the Commission to assist the Commission in carrying out its
					 enforcement responsibilities. The enforcement committee shall consist of no
					 fewer than four and no more than six Commission members or other
					 representatives of the Commission. A quorum of the enforcement committee
					 necessary to conduct business, to hold hearings and to vote on recommended
					 enforcement decisions shall consist of three members notwithstanding the total
					 number of enforcement committee members. The enforcement committee shall select
					 from its members a chair, who shall serve for a period agreed upon by a
					 majority of the enforcement committee members. The enforcement committee shall
					 conduct its hearings in accordance with the Commission's laws and regulations
					 upon matters referred to it by either the Executive Director or the Commission.
					 The Chair of the Commission may change the members of the enforcement committee
					 from time to time as necessary due to changes in membership of the Commission
					 or to fill vacancies on the committee provided that the Chair notifies the
					 Commission prior to such change at a Commission meeting and the Commission
					 concurs.
(c) "Enforcement hearing,"
					 as used in this chapter, means any public hearing held before the enforcement
					 committee or the Commission as part of a Commission enforcement
					 proceeding.
(d) "Person," as used
					 in Sections
					 66637
					 through
					 66642 of
					 the Government Code and in this chapter, means any individual, firm,
					 association, organization, partnership, business trust, corporation, company,
					 or governmental agency.
(e)
					 "Respondent," as used in this chapter, means a person to whom the Commission
					 staff has issued a violation report or complaint and a statement of defense
					 form in accordance with Section
					 11321(c).
(f) As used in this Chapter, "significant
					 harm to the Bay's resources or to existing or future public access" shall be
					 determined based on both the context and intensity of the violation.
(1) "Context" refers to the location of the
					 violation and the characteristics of the area where it occurs. Areas with
					 important environmental or ecological significance (
e.g.
,
					 habitat or refugia for sensitive species) are generally considered to be more
					 significant than previously degraded habitat or areas with limited habitat
					 value, and highly visible and/or frequently used areas are generally considered
					 to be more significant than isolated areas with low visibility or infrequent
					 usage.
(2) "Intensity" refers to
					 the severity of the impact and the degree to which it affects the environment
					 or public access. Violations presenting significant ecosystem hazards
					 (
e.g.
, toxic or biohazardous fill) or involving large portions
					 of a particular site shall generally be considered to be more severe. In
					 addition, violations that substantially interfere with the ability to use
					 designated public access or encompass large portions of a designated public
					 access area will be considered to be more significant.
(3) Where multiple violations are alleged at
					 a site, if a single violation results in harm that is individually limited but
					 cumulatively significant when added to other violations at the site, it shall
					 be determined that the violation has resulted in significant harm to the Bay's
					 resources or to existing or future public access.