Cal. Code Regs. tit. 14, § 18955.1 – Amount of Civil Penalties and Administrative Penalty Schedule.

(a) Civil penalties may be imposed administratively in accordance with the following penalty tables:
1. (1) Base Penalty Table I is to be used for stewardship organizations and architectural paint manufacturers.
  1. (A) Identify what violations have occurred.
  2. (B) Identify the severity of the violations.
  3. (C) Establish the possible range of the base penalty per violation based on the severity levels described in paragraph (b).
    Base Penalty Table I: For Stewardship Organizations and Architectural Paint Manufacturers
    Violation
    Description of Violation
    Severity
    PRC 48702(b)(1)
    Selling or offering for sale in this state, to any person in this state, architectural paint that is not covered under a department-approved stewardship plan or listed as a compliant product on the department's website.
    Level 3
    PRC 48702(a) and 48703(a)
    Failure to submit, individually or through a stewardship organization, an architectural paint stewardship plan to the department
    Level 3
    14 CCR 18952(b)(3)
    Failure to resubmit a stewardship plan or provide supplemental information within 60 days after receiving a notice of disapproval or conditional approval from the department
    Level 1
    PRC 48704(c)
    Failure to implement an architectural paint stewardship program described in a department-approved stewardship plan
    Level 3
    PRC 48704(e)
    Failure to pay an annual administration fee to the department
    Level 3
    PRC 48705(a)
    Failure to submit, individually or through a stewardship organization, an annual report to the department
    Level 3
    PRC 48705(a)
    Annual report does not contain required elements
    Level 2
    14 CCR 18956
    Failure to meet record keeping requirements
    Level 2
2. (2) Base Penalty Table II is to be used for retailers.
  1. (A) Identify what violations have occurred.
  2. (B) Identify the severity of the violations.
  3. (C) Establish the possible range of the base penalty per violation based on the severity levels described in paragraph (b).
    Base Penalty Table II: For Retailers
    Violation
    Description of Violation
    Severity
    PRC 48702(b)(1)
    Selling or offering for sale in this state, to any person in this state, architectural paint that is not covered under a department-approved stewardship plan or listed as a compliant product on the department's website.
    Level 3
    14 CCR 18956
    Failure to meet record keeping requirements.
    Level 2
(b) For the purpose of implementing this Article, penalty severity levels are described as follows:
1. (1) For a violation classified as Level 1, the amount of the base penalty may be up to $1,000 per day.
2. (2) For a violation classified as Level 2, the amount of the base penalty may be up to $5,000 per day.
3. (3) For a violation classified as Level 3, the amount of the base penalty may be up to $10,000 per day.
(c) A penalty amount may exceed $1,000 per day only if a person intentionally, knowingly, or negligently violates this Article.
(d) The department will set the final penalty amount after considering the criteria set forth in § 18955.2. The department may increase the final penalty beyond the penalty range established pursuant to paragraphs (a) and (b), if it determines, after considering the criteria set forth in § 18955.2, that such an increase is warranted and appropriate.
(e) If the department sets an aggregated penalty amount for multiple violations, the aggregated penalty amount shall not exceed $1,000 per day per manufacturer, stewardship organization, or retailer. If a person intentionally, knowingly, or negligently violates this Article, the aggregated penalty amount shall not exceed $10,000 per day per manufacturer, stewardship organization, or retailer.

Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 48700, 48702, 48703, 48704 and 48705, Public Resources Code; and Section 11506, Government Code.

History

1. New section filed 6-6-2012; operative 6-6-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).