1012 PENALTIES

1012.1 If emissions from a budget source exceed allowances held in the budget source's compliance account for the control period as of the allowance transfer deadline, the Administrator shall have the authority to deduct allowances from the budget source's compliance account for the next control period at a rate of three (3) allowances for every one (1) ton of excess emissions.

1012.2 The Director may also enforce the provisions of this Chapter pursuant to applicable law and regulations, including those providing for civil and criminal penalties pursuant to § 105 of Chapter 1 of this Title, and following these guidelines established herein as follows:

(a) There shall be a presumption that any excess emissions identified during a control period occurred during the entire control period and constitute one hundred fifty-three (153) days of violation (representing the number of days in a control period), unless the budget source can demonstrate, to the satisfaction of the Director, that a lesser number of days of violation should apply; and

(b) Each ton of excess emissions shall be a separate violation.

SOURCE: As amended by final rulemaking published at 47 DCR 8646(October 10, 2000); as amended by final rulemaking published at 47 DCR 9686 (December 8, 2000).