§ 66272.64. Multiple Violations.

(a) At the discretion of the Enforcement Agency, a single initial 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 initial penalty may be appropriate for multiple violations in the following cases:

(1) The facility has violated the same requirement at one or more locations (e.g. units) within the facility;

(2) The violation occurs on separate occasions, unless the facility has been notified of the violation and has had sufficient time to correct the violation, and the violation is not a violation that continues uninterrupted for more than one day;

(3) When violations are not independent or are not substantially distinguishable. For such violations, the Enforcement Agency shall consider the extent of violation in terms of the most significant violation.

(c) Where it is necessary to deprive the violator of the economic benefit of multiple violations, the Enforcement Agency shall cite such violations separately and assess an initial penalty for each violation.

(d) The single initial penalty for multiple violations is to be determined as provided in Sections 66272.62 and 66272.63.

HISTORY

1. New section filed 7-15-97; operative 7-1-97 (Register 97, No. 29). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code section 11400.20 and will expire on December 31, 1998 unless earlier terminated or replaced by, or readopted as, permanent regulations.

2. Expired by its own terms on 12-31-98 (Register 99, No. 3).

3. New section filed 1-14-99 as an emergency; operative 1-14-99 (Register 99, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-14-99 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 5-10-99 as an emergency; operative 5-10-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day.

5. New section refiled 9-7-99 as an emergency; operative 9-7-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-5-2000 or emergency language will be repealed by operation of law on the following day.

6. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 38).

7. New section filed 12-13-2000 as an emergency; operative 12-13-2000 (Register 2000, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-12-2001 or emergency language will be repealed by operation of law on the following day.

8. New section refiled 3-30-2001 as an emergency; operative 4-13-2001 (Register 2001, No. 13). A Certificate of Compliance must be transmitted to OAL by 8-13-2001 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 3-30-2001 order, including amendment of section and N ote, transmitted to OAL 7-19-2001 and filed 8-28-2001 (Register 2001, No. 35).

Note

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.