Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An owner/lessor
or operator of a selected clean fuel outlet equipped to dispense CNG shall not
be liable for violations of sections
2302,
2309(b) or
2310(a) resulting
from a minor breakdown if:
(1) The
owner/lessor or operator reports the breakdown to the executive officer within
4 hours of the time the person knows or reasonably should know of the
breakdown, including the time, location, and nature of the breakdown;
(2) The equipment is repaired as quickly as
possible in the exercise of reasonable diligence, in no case in more than 72
hours;
(3) Within 12 hours of
repair of the equipment, the owner/lessor or operator reports to the executive
officer that the repairs have been completed, and describes the corrective
measures, if any, taken to avoid breakdowns in the future; and
(4) The owner/lessor or operator is able to
demonstrate that the breakdown did not result from inadequate or improper
maintenance, operator error, or other reasons within the control of the
owner/lessor or operator.
(b) An owner/lessor or operator of a selected
clean fuel outlet equipped to dispense CNG shall not be liable for violations
of sections
2302,
2309(b) or
2310(a) resulting
from a major breakdown if the owner/lessor or operator:
(1) Reports the breakdown to the executive
officer within 4 hours of the time the person knows or reasonably should know
of the breakdown, including the time, location, and nature of the
breakdown;
(2) Within 7 days of the
breakdown, submits to the executive officer is writing a report that:
(A) Demonstrates to the reasonable
satisfaction of the executive officer that the breakdown did not result from
inadequate or improper maintenance, operator error, or other reasons within the
reasonable control of the owner/lessor or operator; and
(B) Identifies a plan reasonably detailing
how the CNG dispensing equipment will be repaired or replaced as soon as
possible with the exercise of reasonable diligence, including a final
completion date no later than six months following the date of the breakdown;
and
(3) Completes the
repair or replacement [i] by the final completion date identified in the
submitted plan, or [ii] by such earlier completion date designated by the
executive officer, within 14 days of receipt of the plan, as reasonably
feasible based on review of the plan.
1. New section
filed 8--30--91; operative 9--30--91 (Register 92, No. 14).
2.
Amendment of subsections (a) and (b) filed 12--8--2000; operative 1--7--2001
(Register 2000, No. 49).
Note: Authority cited: Sections 39600, 39601, 39667, 43013,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515,
39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14
Cal. 3d 411, 121 Cal. Rptr. 249
(1975).
