Section 2478.16 - Non-Compliance, Penalties, and Right of Entry(a) Non-compliance. (1) Each individual violation of each section, subsection, or provision of this Locomotive Regulation is a separate offense.(2) Each day during any portion of which a violation occurs is a separate offense.(3) Each violation of any requirement of sections 2478.4 through 2478.15 constitutes a separate offense for each Locomotive (as applicable) and for each day during any portion of which a violation occurs.(4) Penalties are cumulative.(b) Right of Entry. (1) CARB, upon presentation of proper credentials, has the right to enter and inspect any Locomotive, vehicle, vessel, or premises in California on which an air pollution source is located for the purposes of inspecting such source, including taking samples from the emission source.(c) Noncompliance with AFMO.(1) Failure to comply with the terms of the AFMO in section 2478.8 is a separate offense for which subsection 2478.16(a) applies.(2) If the Executive Officer revokes a Locomotive Operator's AFMO, the Locomotive Operator shall be considered in violation of this Locomotive Regulation for every day the Locomotive Operator Operated under the AFMO but did not meet the requirements of the AFMO.(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).Cal. Code Regs. Tit. 13, § 2478.16
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.
1. New section filed 10-27-2023; operative 1/1/2024 (Register 2023, No. 43).