- (a) At the discretion of the department, a single daily base 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 daily base penalty shall be available for multiple violations in the following cases:
- (1) The violation occurs on separate occasions unless the dam owner has been notified of the violation and has had sufficient time to correct the violation.
- (2) When violations are not independent. For such violations, the department shall consider the violation that the department deems to be the greatest risk to life and property.
- (3) A single act or failure to act that violates the same requirement in different applicable approvals, certifications or authorizations.
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).