California Code of Regulations
Title 2 - Administration
Division 3 - State Property Operations
Chapter 1 - State Lands Commission
Article 4.9 - Marine Invasive Species Act Enforcement and Hearing Process
Section 2299.04 - Penalties
Universal Citation: 2 CA Code of Regs 2299.04
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
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.
1. New section filed 3-21-2017; operative 7-1-2017 (Register 2017, No. 12).
Note: Authority cited: Sections 71201.7 and 71216, Public Resources Code. Reference: Sections 71207 and 71216, Public Resources Code.
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