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§ 2299.04. Penalties.

2 CA ADC § 2299.04Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 3. State Property Operations
Chapter 1. State Lands Commission (Refs & Annos)
Article 4.9. Marine Invasive Species Act Enforcement and Hearing Process
2 CCR § 2299.04
§ 2299.04. Penalties.
Currentness
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.

Credits

Note: Authority cited: Sections 71201.7 and 71216, Public Resources Code. Reference: Sections 71207 and 71216, Public Resources Code.
History
1. New section filed 3-21-2017; operative 7-1-2017 (Register 2017, No. 12).
This database is current through 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 2, § 2299.04, 2 CA ADC § 2299.04
End of Document