1. (a) Each day a violation continues is a separate and distinct violation. Any reduction to the daily base penalty for a continuing violation will be made at the discretion of the department.

   1. (1) The daily base penalty shall be determined as provided in sections 337.56 and 337.58. A reduction to the daily base penalty for multi-day violations shall be available in cases where the department makes at least one of the following findings:

      1. (A) The violation is not causing daily detrimental impacts to public safety;
      2. (B) The violation results in no economic benefit from the illegal conduct that can be measured on a daily basis; or
      3. (C) The violation occurred without the knowledge or control of the dam owner, who therefore did not take action to eliminate or mitigate the violation.

   2. (2) If the department makes any of the findings set forth in subsection (1) above, the department may reduce the daily base penalty to be used for each violation during the Period of Violation by using a multi-day reduction (MDR) factor.

      Reduced Daily Base Penalty = Daily Base Penalty x MDR factor, rounded to the nearest dollar, where,

      MDR factor = (Alternative Penalty Assessment) / (Period of Violation)

      Alternative Penalty Assessment is determined using Table 3 by summing the counted days of the penalty assessment that occurred within the Period of Violation. In determining the Alternate Penalty Assessment, fractions of a day will be rounded down to the nearest whole number.

      Table 3: Alternative Penalty Assessment

      Period of Violation (Calendar Days)

      Determination of Counted Days

      First 30 days

      Each day counts as one (1) day, up to a maximum of 30 days

      Next 30 days

      Every additional five (5) days count as one (1) day, up to a maximum of six (6) days

      All days thereafter

      Every additional 30 days count as one (1) day, no maximum

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).