Cal. Code Regs. tit. 23 § 337.58

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 337.58 - Multiple Violations
(a) At the discretion of the department, a single daily base penalty may be assessed for multiple violations. Multiple violations subject to this section are multiple instances of the same violation, where each instance is a violation in itself.
(b) The assessment of a single daily base penalty shall be available for multiple violations in the following cases:
(1) The violation occurs on separate occasions unless the dam owner has been notified of the violation and has had sufficient time to correct the violation.
(2) When violations are not independent. For such violations, the department shall consider the violation that the department deems to be the greatest risk to life and property.
(3) A single act or failure to act that violates the same requirement in different applicable approvals, certifications or authorizations.

Cal. Code Regs. Tit. 23, § 337.58

1. New 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 section filed 9-19-2022; operative 9/19/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37).