§ 2478.16. Non-Compliance, Penalties, and Right of Entry.
13 CA ADC § 2478.16Barclays Official California Code of RegulationsEffective: January 1, 2024
Effective: January 1, 2024
13 CCR § 2478.16
§ 2478.16. Non-Compliance, Penalties, and Right of Entry.
(3) The Executive Officer shall, in assessing penalties, take into account whether the Locomotive Operator submitted, prior to the revocation, required AFMO annual reports and Detailed Timeline Reports that were accurate, complete, and otherwise compliant with the AFMO requirements. If so, the Executive Officer shall consider the Locomotive Operator to be compliant with this Locomotive Regulation, for the purposes of assessing penalties, up until the date of submission of the last accurate, complete, and compliant report.
(4) In assessing penalties, the Executive Officer may assess penalties based on emission reductions not achieved due to the Locomotive Operator's failure to comply with the terms of the AFMO. The Executive Officer may calculate the value of the total emissions using the Spending Account Funding Requirement formula set forth in subsection 2478.4(f). The total penalty assessed for emissions lost due to revocation of the AFMO shall not exceed the statutory maximum, assessed as a per-day penalty, for every day the AFMO was in effect and shall take into account the relevant circumstances as required under Health and Safety Code section 42403(b).
Credits
Note: Authority cited: Sections 38560, 38580, 39600, 39601, 39658, 39659, 39666, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42402, 42402.2, 42410, 43008.6, 43016, 43013 and 43018, Health and Safety Code. Reference: Sections 38580, 39650, 39659, 41511, 42403, 43013 and 43018, Health and Safety Code.
History
1. New section filed 10-27-2023; operative 1-1-2024 (Register 2023, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2478.16, 13 CA ADC § 2478.16
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