1. (a) After determining the daily initial penalty, the department shall adjust the daily initial penalty based on the violator's intent in committing the violation using the adjustment factors in Table 2 to determine the daily base penalty. The daily base penalty is the daily initial penalty multiplied by the adjustment factor for the violator's intent in Table 2.

2. (b) Adjustment of the daily initial penalty in accordance with subsection (a) may result in a daily base penalty that is higher or lower than the daily initial penalty derived in accordance with section 337.54.

   Table 2: Adjustment Factors for Violator's Intent

   Circumstance

   Adjustment Factor

   Violation was completely beyond the control of the violator

   0.1 to 0.5

   Violation occurred despite good faith efforts to comply

   0.5 to 1.0

   Violation indicated neither good faith efforts nor intentional failure to comply

   No Adjustment

   Violation was a result of intentional failure to comply

   1.5 to 2.0

Note: Authority cited: Section 6078, Water Code. Reference: Section 6432, Water Code.

History

1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38).