§ 66272.65. Multiday Violations.

(a) Each day a violation continues is a separate and distinct violation. The penalty for a continuing violation shall be determined according to this section.

(1) The initial penalty for the first day of violation shall be determined as provided in Sections 66272.62 and 66272.63;

(2) For days following the first day of violation, the multiday component of the penalty shall be calculated by determining two percent of the adjusted initial penalty and multiplying that value by the number of days the violation occurred after the initial day.

(b) If the Enforcement Agency fails to respond in a timely manner to the violator's written response to an inspection report, the Enforcement Agency may not seek penalties for continuing violations in accordance with Health and Safety Code Section 25185(c)(3).

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 A Certificate of Compliance must be transmitted to OAL by 5-14-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 1-5-2000 or emergency language will be repealed by operation of law on the following day.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 Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 38).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 A Certificate of Compliance must be transmitted to OAL by 4-12-2001 or emergency language will be repealed by operation of law on the following day.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, 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 25185, 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code.