Statutes, codes, and regulations
California Code Of Regulations
Title 17 - Public HealthDivision 3 - Air ResourcesChapter 1 - Air Resources BoardSubchapter 10 - Climate ChangeArticle 4 - Regulations to Achieve Greenhouse Gas Emission Reductions
Subarticle 7 - Low Carbon Fuel Standard
Section 95494 - Violations

Cal. Code Regs. tit. 17 § 95494

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Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 95494 - Violations
(a) CARB may seek penalties and injunctive relief for any violation of this subarticle pursuant to Health and Safety Code section 38580 and Chapter 1.5 of Part 5 of Division 26. Penalties may be assessed for each day of any violation of this subarticle. Violations shall be subject to all other penalties and remedies permitted under State law. In determining any penalty amount, CARB shall consider all relevant circumstances, including the criteria in Health and Safety Code section 43031.
(b) Each day or portion thereof that any report required by this subarticle remains unsubmitted, incomplete, or inaccurate constitutes a separate violation. For purposes of this subsection, "report" means any submittal to the Executive Officer or made in the LRT-CBTS, including any information submitted in response to an Executive Officer request for additional or clarifying information.
(c) Each deficit that is not eliminated at the end of a compliance period or carried over as permitted by section 95485 constitutes a separate day of violation, subject to a penalty not to exceed $1000 per deficit.

Cal. Code Regs. Tit. 17, § 95494

1. New section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
2. Amendment filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).

Note: Authority cited: Sections 38510, 38560, 38560.5, 38571, 38580, 39600, 39601 and 43018, Health and Safety Code; 42 U.S.C. section 7545; 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 38501, 38510, 39515, 39516, 38571, 38580, 39000, 39001, 39002, 39003, 39515, 39516, 43000, 43025, 43026, 43027, 43028, 43029, 43030 and 43031, Health and Safety Code; Section 25000.5, Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).

1. New section filed 11-16-2015; operative 1/1/2016 (Register 2015, No. 47).
2. Amendment filed 1-4-2019; operative 1/4/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).