Section 22275 - Penalty Calculations (California Code of Regulations)

§ 22275. Penalty Calculations

(a) If the CIWMB chooses to impose a penalty, the daily penalty shall equal an amount determined by the gravity-based matrix, in Table 1., using the degree of non-compliance and the potential for harm as the deciding factors, added to the economic benefit an operator receives from noncompliance with the regulations.

DEGREE OF NON-COMPLIANCE

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Table 1.

1 The economic benefit portion of a penalty, for lack of liability coverage, shall be based on a minimum annual premium for liability insurance, as identified by a CIWMB survey of the insurance industry. The premium is multiplied by the number of years an operator is out of compliance (rounded up to the next whole year if a partial year of noncompliance exists).

2 The economic benefit portion of a penalty, for lack of coverage for closure and/or postclosure maintenance costs shall be based on the current cost of a letter of credit or bond, as identified by a CIWMB survey of the banking industry or insurance industry, respectively. The cost for a letter of credit or bond is multiplied by the pro-rata factor for the length of time of non-compliance.

(b) Determinations of penalty amounts may be modified by the CIWMB for one or more of the following reasons:

1 Evidence that subsequent coverage has been subsequently provided, such as bank statements, letter from county treasurer verifying balance of fund, certificate demonstrating adequate coverage, etc.

2 Evidence of a payment schedule, if applicable, detailing the operator's good faith efforts has been subsequently provided, such as past deposits to the financial assurance mechanism, etc.

3 An operator's good faith efforts to comply or lack of good faith.

4 An operator's degree of willingness to comply.

5 An operator's history of compliance.

6 Other unique factors such as size of operation, threat to public health and safety and the environment.

(c) Penalties may be pursued by the CIWMB administratively or through superior court based on the following criteria:

1 If the total initial civil penalty assessment is $15,000 or less, the CIWMB may pursue penalties administratively pursuant to Public Resources Code, section 45011.

2 If the total initial civil penalty assessment exceeds $15,000, the CIWMB may pursue penalties through superior court, pursuant to Public Resources Code, section 45023.

(1. New section filed 6-3-97; operative 7-3-97 (Register 97, No. 23).)

Note: Authority cited: Sections 40502, 43040 and 43601.5, Public Resources Code. Reference: Sections 43040, 43500 through 43610.1, Public Resources Code.

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