Section 337.50 - Applicability; Purpose(a) This article applies to the assessment of administrative civil penalties in administrative enforcement actions pursued or orders issued pursuant to California Code of Regulations, Title 23, Division 2, Article 7 and Water Code, Division 3, Part 1. This article does not apply to administrative civil penalties that are part of the settlement of any enforcement action. In this article, references to "department" include DSOD and the presiding officer.(b) The purpose of this article is to promote and facilitate the fair and consistent assessment of administrative civil penalties for violations of Water Code, Division 3, Part 1, implementing regulations, or any department approvals, orders, or requirements issued under Water Code, Division 3, Part 1 or implementing regulations. The calculation methodology contained in this article implements the department policy requiring that administrative civil penalties: (1) Bear a reasonable relationship to the gravity of the violation and the harm or potential harm to public safety.(2) Deter the specific violator from committing additional violations.(3) Deter other dam owners within the regulated community from committing the same or similar violations.(4) Eliminate any economic advantage obtained from non-compliance.Cal. Code Regs. Tit. 23, § 337.50
1. New article 7.1 (sections 337.50-337.66) and section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38). Note: Authority cited: Section 6078, Water Code. Reference: Section 6432, Water Code.
1. New article 7.1 (sections 337.50-337.66) and section filed 9-19-2022; operative 9/19/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37).