43025. It is the intent of the Legislature in the enactment of this
chapter to update the penalty provisions for violations of fuel
regulations to ensure that the appropriate tools are available to
effectively and fairly enforce state law. In enacting this chapter,
it is not the intent of the Legislature to modify penalty settlements
beyond historic levels. The civil and administrative penalty
provisions in this chapter are designed to give the state board an
effective, efficient, and flexible tool to fairly enforce all
violations.
43026. (a) For purposes of this section, "motor vehicle fuel
distributor" means any person who (1) refines, blends, or otherwise
produces motor vehicle fuel, or (2) with an ownership interest in the
fuel, transports or causes the transport of motor vehicle fuel at
any point between a production or import facility and a retail
outlet, or sells, offers for sale, or supplies motor vehicle fuel to
motor vehicle fuel retailers.
(b) Any motor vehicle fuel distributor who conducts business
within the state shall, annually on January 1, inform the state board
in writing of the distributor's principal place of business, which
shall be a physical address and not a post office box, and any other
place of business at which distributor records are maintained or
refining activities are conducted.
(c) The state board shall supply each complying motor vehicle fuel
distributor with a certificate of compliance with this section not
later than June 30. The certificate shall be effective from July 1 of
the year of issuance through June 30 of the following year.
(d) All motor vehicle fuel distributors shall maintain complete
records of each purchase, delivery, or supply of motor vehicle fuel
for a period of not less than two years in the physical locations
reported pursuant to subdivision (b) and shall not move the records
to another physical location without notifying the state board of the
new location. A complete record for each delivery shall consist of
not less than a copy, or the information contained therein, of the
bills of lading from the refinery or bulk terminal from which the
fuel is received, the delivery ticket or receipt showing the location
of the fuel at the time of sale, and the invoice showing the
purchaser of the fuel. All those records may be kept in physical or
electronic format and are subject to inspection and duplication by
the state board.
(e) Any motor vehicle fuel distributor who intentionally fails to
comply with subdivision (b) or (d) is liable for a civil penalty not
to exceed one thousand dollars ($1,000) for each day of
noncompliance.
(f) No person shall knowingly transport motor vehicle fuel for any
motor vehicle fuel distributor who is not in possession of a current
certificate of compliance as described in subdivision (c). Any
person who transports, or provides vehicles to transport, motor
vehicle fuel for a noncomplying distributor is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) per day.
However, any person who transports, or provides vehicles to
transport, motor vehicle fuel for a distributor who is in possession
of a current certificate of compliance shall not be liable for any
penalties under this subdivision unless that person has specific
knowledge of noncompliance.
(g) Any retailer who knowingly sells or supplies motor vehicle
fuel which was delivered to the retailer by, or on behalf of, a
noncomplying motor vehicle fuel distributor is liable for a civil
penalty not to exceed ten thousand dollars ($10,000) for each
transaction.
(h) Any retailer who sells motor vehicle fuel that does not comply
with regulations of the state board, after both oral and written
notice to cease and desist have been delivered to the owner, manager,
or attendant on duty at the retailer facility, and upon failure to
comply with that notice, is subject to the issuance of a cease and
desist order by the state board and a penalty of ten thousand dollars
($10,000) for each day of noncompliance with the cease and desist
order.
(i) The state board shall annually compile and publish a complete
listing of all certified motor vehicle fuel distributors, and shall
mail a copy to every licensed transporter of petroleum products.
43027. The following civil penalties apply to the following acts
not included within Section 43026:
(a) Any person who willfully and intentionally violates any
provision of this part, or any rule, regulation, permit, variance, or
order of the state board, pertaining to fuel requirements and
standards, is liable for a civil penalty of not more than two hundred
fifty thousand dollars ($250,000), and the prosecuting agency shall
include a claim for an additional penalty in the amount of any
economic gain that otherwise would not have been realized from the
sale of the fuel determined to be in noncompliance.
(b) Any person who negligently violates any provision of this
part, or any rule, regulation, permit, variance, or order of the
state board, pertaining to fuel requirements and standards, exclusive
of the documentation requirements specified in subdivision (d), is
liable for a civil penalty of not more than fifty thousand dollars
($50,000).
(c) Any person who violates any provision of this part, or any
rule, regulation, permit, variance, or order of the state board,
pertaining to fuel requirements and standards, exclusive of the
documentation requirements specified in subdivision (d), is strictly
liable for a civil penalty of not more than thirty-five thousand
dollars ($35,000).
(d) Any person who enters false information in, or fails to keep,
any document required to be kept pursuant to any provision of this
part, or any rule, regulation, permit, variance, or order of the
state board, pertaining to fuel requirements and standards, is
strictly liable for a civil penalty of not more than twenty-five
thousand dollars ($25,000). In determining the amount of the penalty
to be assessed under this subdivision, the court, or in reaching any
settlement, the Attorney General or the state board, shall take into
consideration, in addition to subdivision (b) of Section 43031, the
specific circumstances and intent of the defendant in making the
false entry or in failing to keep the document.
43028. As an alternative to any civil penalties prescribed under
this part, the state board may impose administrative civil penalties
for a violation of this part, or any rule, regulation, permit,
variance, or order of the state board, pertaining to fuel
requirements and standards, if the state board has adopted rules and
regulations specifying procedures for the imposition and amounts of
those penalties. No administrative civil penalty levied pursuant to
this section shall exceed twenty-five thousand dollars ($25,000) for
each day on which there is a violation or three hundred thousand
dollars ($300,000) in total. However, nothing in this section
restricts the authority of the state board to negotiate mutual
settlements under any other penalty provision of law which exceed
twenty-five thousand dollars ($25,000) for each day on which there is
a violation or three hundred thousand dollars ($300,000) in total,
except that the state board shall not rely on any provision of the
Business and Professions Code.
43029. In an action to recover civil penalties pursuant to
subdivisions (b) and (c) of Section 43027, a proceeding to assess
administrative civil penalties pursuant to Section 43028, or a
criminal prosecution pursuant to Section 43020, the prosecuting
agency shall include a claim for an additional penalty designed to
eliminate the economic benefits from noncompliance against any person
who violates any provision of this part, or any rule, regulation,
permit, variance, or order of the state board pertaining to fuel
requirements or standards as follows:
(a) For violations of gasoline requirements, the amount of the
penalty shall equal the product of the number of tons of incremental
increased vehicular emissions resulting from the manufacture,
distribution, and sale of the specified volume of noncompliant fuel
and nine thousand one hundred dollars ($9,100) per ton, which is the
maximum calculated cost-effectiveness for California Phase 2
Reformulated Gasoline.
(b) For violations of diesel fuel requirements, the amount of the
penalty shall equal the product of the number of tons of incremental
increased vehicular emissions resulting from the manufacture,
distribution, and sale of the specified volume of noncompliant fuel
and five thousand two hundred dollars ($5,200) per ton, which is the
maximum calculated cost-effectiveness for California low sulfur, low
aromatics diesel fuel.
(c) To ensure that the penalties under subdivisions (a) and (b)
continue to adequately reflect the goals of this section, the
following shall occur annually:
(1) The cost-effectiveness values set forth in subdivisions (a)
and (b) shall be adjusted to reflect the change in the annual average
nationwide producers price index of industrial commodities, less
fuels and related products and power, published by the United States
Bureau of Labor Statistics, averaged over the previous 5 years.
(2) The methodologies used to calculate the excess emissions from
noncompliant fuels shall be reviewed by the state board and updated
as necessary.
43030. (a) For the penalties prescribed in Sections 43027 and
43028, each day during any portion of which a violation occurs is a
separate offense.
(b) In applying penalties under Section 43027 or 43028 for
violations based solely upon the state board's review of monthly
production records, each day within a month for which a violation
occurs is a separate violation.
(c) The recovery of civil or administrative civil penalties
pursuant to this chapter precludes prosecution pursuant to Section
43020 for the same offense. When the executive officer refers a
violation to a prosecuting attorney, the filing of a criminal
complaint is grounds requiring the dismissal of any civil action or
administrative proceedings brought pursuant to this chapter for the
same offense.
43031. (a) The civil or administrative civil penalties prescribed
in this chapter shall be assessed and recovered either in a civil
action brought in the name of the people of the State of California
by the Attorney General or by the state board, or in administrative
hearings established pursuant to regulations adopted by the state
board.
(b) In determining the amount assessed, the court, the Attorney
General, or the state board, in reaching any settlement, shall take
into consideration all relevant circumstances, including, but not
limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare
caused by the violation.
(2) The nature and persistence of the violation, including the
magnitude of the excess emissions.
(3) The compliance history of the defendant, including the
frequency of past violations.
(4) The preventive efforts taken by the defendant, 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 defendant 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 a person who owns a single retail service station, the
size of the business.
43031.5. The revenues from penalties recovered by the state board
pursuant to this chapter shall be deposited in the Air Pollution
Control Fund and shall only be expended by the state board for
environmental cleanup, abatement, or pollution prevention technology.
43025. It is the intent of the Legislature in the enactment of this
chapter to update the penalty provisions for violations of fuel
regulations to ensure that the appropriate tools are available to
effectively and fairly enforce state law. In enacting this chapter,
it is not the intent of the Legislature to modify penalty settlements
beyond historic levels. The civil and administrative penalty
provisions in this chapter are designed to give the state board an
effective, efficient, and flexible tool to fairly enforce all
violations.
43026. (a) For purposes of this section, "motor vehicle fuel
distributor" means any person who (1) refines, blends, or otherwise
produces motor vehicle fuel, or (2) with an ownership interest in the
fuel, transports or causes the transport of motor vehicle fuel at
any point between a production or import facility and a retail
outlet, or sells, offers for sale, or supplies motor vehicle fuel to
motor vehicle fuel retailers.
(b) Any motor vehicle fuel distributor who conducts business
within the state shall, annually on January 1, inform the state board
in writing of the distributor's principal place of business, which
shall be a physical address and not a post office box, and any other
place of business at which distributor records are maintained or
refining activities are conducted.
(c) The state board shall supply each complying motor vehicle fuel
distributor with a certificate of compliance with this section not
later than June 30. The certificate shall be effective from July 1 of
the year of issuance through June 30 of the following year.
(d) All motor vehicle fuel distributors shall maintain complete
records of each purchase, delivery, or supply of motor vehicle fuel
for a period of not less than two years in the physical locations
reported pursuant to subdivision (b) and shall not move the records
to another physical location without notifying the state board of the
new location. A complete record for each delivery shall consist of
not less than a copy, or the information contained therein, of the
bills of lading from the refinery or bulk terminal from which the
fuel is received, the delivery ticket or receipt showing the location
of the fuel at the time of sale, and the invoice showing the
purchaser of the fuel. All those records may be kept in physical or
electronic format and are subject to inspection and duplication by
the state board.
(e) Any motor vehicle fuel distributor who intentionally fails to
comply with subdivision (b) or (d) is liable for a civil penalty not
to exceed one thousand dollars ($1,000) for each day of
noncompliance.
(f) No person shall knowingly transport motor vehicle fuel for any
motor vehicle fuel distributor who is not in possession of a current
certificate of compliance as described in subdivision (c). Any
person who transports, or provides vehicles to transport, motor
vehicle fuel for a noncomplying distributor is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) per day.
However, any person who transports, or provides vehicles to
transport, motor vehicle fuel for a distributor who is in possession
of a current certificate of compliance shall not be liable for any
penalties under this subdivision unless that person has specific
knowledge of noncompliance.
(g) Any retailer who knowingly sells or supplies motor vehicle
fuel which was delivered to the retailer by, or on behalf of, a
noncomplying motor vehicle fuel distributor is liable for a civil
penalty not to exceed ten thousand dollars ($10,000) for each
transaction.
(h) Any retailer who sells motor vehicle fuel that does not comply
with regulations of the state board, after both oral and written
notice to cease and desist have been delivered to the owner, manager,
or attendant on duty at the retailer facility, and upon failure to
comply with that notice, is subject to the issuance of a cease and
desist order by the state board and a penalty of ten thousand dollars
($10,000) for each day of noncompliance with the cease and desist
order.
(i) The state board shall annually compile and publish a complete
listing of all certified motor vehicle fuel distributors, and shall
mail a copy to every licensed transporter of petroleum products.
43027. The following civil penalties apply to the following acts
not included within Section 43026:
(a) Any person who willfully and intentionally violates any
provision of this part, or any rule, regulation, permit, variance, or
order of the state board, pertaining to fuel requirements and
standards, is liable for a civil penalty of not more than two hundred
fifty thousand dollars ($250,000), and the prosecuting agency shall
include a claim for an additional penalty in the amount of any
economic gain that otherwise would not have been realized from the
sale of the fuel determined to be in noncompliance.
(b) Any person who negligently violates any provision of this
part, or any rule, regulation, permit, variance, or order of the
state board, pertaining to fuel requirements and standards, exclusive
of the documentation requirements specified in subdivision (d), is
liable for a civil penalty of not more than fifty thousand dollars
($50,000).
(c) Any person who violates any provision of this part, or any
rule, regulation, permit, variance, or order of the state board,
pertaining to fuel requirements and standards, exclusive of the
documentation requirements specified in subdivision (d), is strictly
liable for a civil penalty of not more than thirty-five thousand
dollars ($35,000).
(d) Any person who enters false information in, or fails to keep,
any document required to be kept pursuant to any provision of this
part, or any rule, regulation, permit, variance, or order of the
state board, pertaining to fuel requirements and standards, is
strictly liable for a civil penalty of not more than twenty-five
thousand dollars ($25,000). In determining the amount of the penalty
to be assessed under this subdivision, the court, or in reaching any
settlement, the Attorney General or the state board, shall take into
consideration, in addition to subdivision (b) of Section 43031, the
specific circumstances and intent of the defendant in making the
false entry or in failing to keep the document.
43028. As an alternative to any civil penalties prescribed under
this part, the state board may impose administrative civil penalties
for a violation of this part, or any rule, regulation, permit,
variance, or order of the state board, pertaining to fuel
requirements and standards, if the state board has adopted rules and
regulations specifying procedures for the imposition and amounts of
those penalties. No administrative civil penalty levied pursuant to
this section shall exceed twenty-five thousand dollars ($25,000) for
each day on which there is a violation or three hundred thousand
dollars ($300,000) in total. However, nothing in this section
restricts the authority of the state board to negotiate mutual
settlements under any other penalty provision of law which exceed
twenty-five thousand dollars ($25,000) for each day on which there is
a violation or three hundred thousand dollars ($300,000) in total,
except that the state board shall not rely on any provision of the
Business and Professions Code.
43029. In an action to recover civil penalties pursuant to
subdivisions (b) and (c) of Section 43027, a proceeding to assess
administrative civil penalties pursuant to Section 43028, or a
criminal prosecution pursuant to Section 43020, the prosecuting
agency shall include a claim for an additional penalty designed to
eliminate the economic benefits from noncompliance against any person
who violates any provision of this part, or any rule, regulation,
permit, variance, or order of the state board pertaining to fuel
requirements or standards as follows:
(a) For violations of gasoline requirements, the amount of the
penalty shall equal the product of the number of tons of incremental
increased vehicular emissions resulting from the manufacture,
distribution, and sale of the specified volume of noncompliant fuel
and nine thousand one hundred dollars ($9,100) per ton, which is the
maximum calculated cost-effectiveness for California Phase 2
Reformulated Gasoline.
(b) For violations of diesel fuel requirements, the amount of the
penalty shall equal the product of the number of tons of incremental
increased vehicular emissions resulting from the manufacture,
distribution, and sale of the specified volume of noncompliant fuel
and five thousand two hundred dollars ($5,200) per ton, which is the
maximum calculated cost-effectiveness for California low sulfur, low
aromatics diesel fuel.
(c) To ensure that the penalties under subdivisions (a) and (b)
continue to adequately reflect the goals of this section, the
following shall occur annually:
(1) The cost-effectiveness values set forth in subdivisions (a)
and (b) shall be adjusted to reflect the change in the annual average
nationwide producers price index of industrial commodities, less
fuels and related products and power, published by the United States
Bureau of Labor Statistics, averaged over the previous 5 years.
(2) The methodologies used to calculate the excess emissions from
noncompliant fuels shall be reviewed by the state board and updated
as necessary.
43030. (a) For the penalties prescribed in Sections 43027 and
43028, each day during any portion of which a violation occurs is a
separate offense.
(b) In applying penalties under Section 43027 or 43028 for
violations based solely upon the state board's review of monthly
production records, each day within a month for which a violation
occurs is a separate violation.
(c) The recovery of civil or administrative civil penalties
pursuant to this chapter precludes prosecution pursuant to Section
43020 for the same offense. When the executive officer refers a
violation to a prosecuting attorney, the filing of a criminal
complaint is grounds requiring the dismissal of any civil action or
administrative proceedings brought pursuant to this chapter for the
same offense.
43031. (a) The civil or administrative civil penalties prescribed
in this chapter shall be assessed and recovered either in a civil
action brought in the name of the people of the State of California
by the Attorney General or by the state board, or in administrative
hearings established pursuant to regulations adopted by the state
board.
(b) In determining the amount assessed, the court, the Attorney
General, or the state board, in reaching any settlement, shall take
into consideration all relevant circumstances, including, but not
limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare
caused by the violation.
(2) The nature and persistence of the violation, including the
magnitude of the excess emissions.
(3) The compliance history of the defendant, including the
frequency of past violations.
(4) The preventive efforts taken by the defendant, 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 defendant 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 a person who owns a single retail service station, the
size of the business.
43031.5. The revenues from penalties recovered by the state board
pursuant to this chapter shall be deposited in the Air Pollution
Control Fund and shall only be expended by the state board for
environmental cleanup, abatement, or pollution prevention technology.
43025. It is the intent of the Legislature in the enactment of this
chapter to update the penalty provisions for violations of fuel
regulations to ensure that the appropriate tools are available to
effectively and fairly enforce state law. In enacting this chapter,
it is not the intent of the Legislature to modify penalty settlements
beyond historic levels. The civil and administrative penalty
provisions in this chapter are designed to give the state board an
effective, efficient, and flexible tool to fairly enforce all
violations.
43026. (a) For purposes of this section, "motor vehicle fuel
distributor" means any person who (1) refines, blends, or otherwise
produces motor vehicle fuel, or (2) with an ownership interest in the
fuel, transports or causes the transport of motor vehicle fuel at
any point between a production or import facility and a retail
outlet, or sells, offers for sale, or supplies motor vehicle fuel to
motor vehicle fuel retailers.
(b) Any motor vehicle fuel distributor who conducts business
within the state shall, annually on January 1, inform the state board
in writing of the distributor's principal place of business, which
shall be a physical address and not a post office box, and any other
place of business at which distributor records are maintained or
refining activities are conducted.
(c) The state board shall supply each complying motor vehicle fuel
distributor with a certificate of compliance with this section not
later than June 30. The certificate shall be effective from July 1 of
the year of issuance through June 30 of the following year.
(d) All motor vehicle fuel distributors shall maintain complete
records of each purchase, delivery, or supply of motor vehicle fuel
for a period of not less than two years in the physical locations
reported pursuant to subdivision (b) and shall not move the records
to another physical location without notifying the state board of the
new location. A complete record for each delivery shall consist of
not less than a copy, or the information contained therein, of the
bills of lading from the refinery or bulk terminal from which the
fuel is received, the delivery ticket or receipt showing the location
of the fuel at the time of sale, and the invoice showing the
purchaser of the fuel. All those records may be kept in physical or
electronic format and are subject to inspection and duplication by
the state board.
(e) Any motor vehicle fuel distributor who intentionally fails to
comply with subdivision (b) or (d) is liable for a civil penalty not
to exceed one thousand dollars ($1,000) for each day of
noncompliance.
(f) No person shall knowingly transport motor vehicle fuel for any
motor vehicle fuel distributor who is not in possession of a current
certificate of compliance as described in subdivision (c). Any
person who transports, or provides vehicles to transport, motor
vehicle fuel for a noncomplying distributor is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) per day.
However, any person who transports, or provides vehicles to
transport, motor vehicle fuel for a distributor who is in possession
of a current certificate of compliance shall not be liable for any
penalties under this subdivision unless that person has specific
knowledge of noncompliance.
(g) Any retailer who knowingly sells or supplies motor vehicle
fuel which was delivered to the retailer by, or on behalf of, a
noncomplying motor vehicle fuel distributor is liable for a civil
penalty not to exceed ten thousand dollars ($10,000) for each
transaction.
(h) Any retailer who sells motor vehicle fuel that does not comply
with regulations of the state board, after both oral and written
notice to cease and desist have been delivered to the owner, manager,
or attendant on duty at the retailer facility, and upon failure to
comply with that notice, is subject to the issuance of a cease and
desist order by the state board and a penalty of ten thousand dollars
($10,000) for each day of noncompliance with the cease and desist
order.
(i) The state board shall annually compile and publish a complete
listing of all certified motor vehicle fuel distributors, and shall
mail a copy to every licensed transporter of petroleum products.
43027. The following civil penalties apply to the following acts
not included within Section 43026:
(a) Any person who willfully and intentionally violates any
provision of this part, or any rule, regulation, permit, variance, or
order of the state board, pertaining to fuel requirements and
standards, is liable for a civil penalty of not more than two hundred
fifty thousand dollars ($250,000), and the prosecuting agency shall
include a claim for an additional penalty in the amount of any
economic gain that otherwise would not have been realized from the
sale of the fuel determined to be in noncompliance.
(b) Any person who negligently violates any provision of this
part, or any rule, regulation, permit, variance, or order of the
state board, pertaining to fuel requirements and standards, exclusive
of the documentation requirements specified in subdivision (d), is
liable for a civil penalty of not more than fifty thousand dollars
($50,000).
(c) Any person who violates any provision of this part, or any
rule, regulation, permit, variance, or order of the state board,
pertaining to fuel requirements and standards, exclusive of the
documentation requirements specified in subdivision (d), is strictly
liable for a civil penalty of not more than thirty-five thousand
dollars ($35,000).
(d) Any person who enters false information in, or fails to keep,
any document required to be kept pursuant to any provision of this
part, or any rule, regulation, permit, variance, or order of the
state board, pertaining to fuel requirements and standards, is
strictly liable for a civil penalty of not more than twenty-five
thousand dollars ($25,000). In determining the amount of the penalty
to be assessed under this subdivision, the court, or in reaching any
settlement, the Attorney General or the state board, shall take into
consideration, in addition to subdivision (b) of Section 43031, the
specific circumstances and intent of the defendant in making the
false entry or in failing to keep the document.
43028. As an alternative to any civil penalties prescribed under
this part, the state board may impose administrative civil penalties
for a violation of this part, or any rule, regulation, permit,
variance, or order of the state board, pertaining to fuel
requirements and standards, if the state board has adopted rules and
regulations specifying procedures for the imposition and amounts of
those penalties. No administrative civil penalty levied pursuant to
this section shall exceed twenty-five thousand dollars ($25,000) for
each day on which there is a violation or three hundred thousand
dollars ($300,000) in total. However, nothing in this section
restricts the authority of the state board to negotiate mutual
settlements under any other penalty provision of law which exceed
twenty-five thousand dollars ($25,000) for each day on which there is
a violation or three hundred thousand dollars ($300,000) in total,
except that the state board shall not rely on any provision of the
Business and Professions Code.
43029. In an action to recover civil penalties pursuant to
subdivisions (b) and (c) of Section 43027, a proceeding to assess
administrative civil penalties pursuant to Section 43028, or a
criminal prosecution pursuant to Section 43020, the prosecuting
agency shall include a claim for an additional penalty designed to
eliminate the economic benefits from noncompliance against any person
who violates any provision of this part, or any rule, regulation,
permit, variance, or order of the state board pertaining to fuel
requirements or standards as follows:
(a) For violations of gasoline requirements, the amount of the
penalty shall equal the product of the number of tons of incremental
increased vehicular emissions resulting from the manufacture,
distribution, and sale of the specified volume of noncompliant fuel
and nine thousand one hundred dollars ($9,100) per ton, which is the
maximum calculated cost-effectiveness for California Phase 2
Reformulated Gasoline.
(b) For violations of diesel fuel requirements, the amount of the
penalty shall equal the product of the number of tons of incremental
increased vehicular emissions resulting from the manufacture,
distribution, and sale of the specified volume of noncompliant fuel
and five thousand two hundred dollars ($5,200) per ton, which is the
maximum calculated cost-effectiveness for California low sulfur, low
aromatics diesel fuel.
(c) To ensure that the penalties under subdivisions (a) and (b)
continue to adequately reflect the goals of this section, the
following shall occur annually:
(1) The cost-effectiveness values set forth in subdivisions (a)
and (b) shall be adjusted to reflect the change in the annual average
nationwide producers price index of industrial commodities, less
fuels and related products and power, published by the United States
Bureau of Labor Statistics, averaged over the previous 5 years.
(2) The methodologies used to calculate the excess emissions from
noncompliant fuels shall be reviewed by the state board and updated
as necessary.
43030. (a) For the penalties prescribed in Sections 43027 and
43028, each day during any portion of which a violation occurs is a
separate offense.
(b) In applying penalties under Section 43027 or 43028 for
violations based solely upon the state board's review of monthly
production records, each day within a month for which a violation
occurs is a separate violation.
(c) The recovery of civil or administrative civil penalties
pursuant to this chapter precludes prosecution pursuant to Section
43020 for the same offense. When the executive officer refers a
violation to a prosecuting attorney, the filing of a criminal
complaint is grounds requiring the dismissal of any civil action or
administrative proceedings brought pursuant to this chapter for the
same offense.
43031. (a) The civil or administrative civil penalties prescribed
in this chapter shall be assessed and recovered either in a civil
action brought in the name of the people of the State of California
by the Attorney General or by the state board, or in administrative
hearings established pursuant to regulations adopted by the state
board.
(b) In determining the amount assessed, the court, the Attorney
General, or the state board, in reaching any settlement, shall take
into consideration all relevant circumstances, including, but not
limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare
caused by the violation.
(2) The nature and persistence of the violation, including the
magnitude of the excess emissions.
(3) The compliance history of the defendant, including the
frequency of past violations.
(4) The preventive efforts taken by the defendant, 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 defendant 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 a person who owns a single retail service station, the
size of the business.
43031.5. The revenues from penalties recovered by the state board
pursuant to this chapter shall be deposited in the Air Pollution
Control Fund and shall only be expended by the state board for
environmental cleanup, abatement, or pollution prevention technology.
