Vehicular Air Pollution ControlPenalties for Violation of Fuel Regulations
Section § 43025
This section explains that the California Legislature aims to update how penalties are handled for breaking fuel regulations. The goal is to make sure that the state has the right tools to enforce the law effectively and fairly. However, the Legislature does not intend to change the way penalty settlements are done compared to the past. The penalties are meant to provide a flexible and efficient way for state authorities to manage violations.
Section § 43026
This law outlines the responsibilities and penalties related to motor vehicle fuel distributors. If you produce or sell motor vehicle fuel, annually, you need to inform the state of your main business address where you keep records. In return, the state sends you a compliance certificate good for one year. You must keep detailed records of all fuel transactions for two years at the reported addresses. If you don't comply with these record-keeping or reporting requirements, you could face daily fines.
Additionally, transportation of fuel should only be done for distributors with current compliance certificates. Transporters and retailers can face hefty fines if they knowingly work with noncompliant distributors or sell non-regulation fuel, especially after a cease and desist order. Lastly, the state board will publish and share a list of compliant fuel distributors every year.
Section § 43027
In California, violating fuel standards and requirements can lead to significant penalties depending on the nature of the violation. If someone willfully and intentionally breaks these rules, they could be fined up to $250,000, plus any extra money they made from the noncomplying fuel. Careless negligence can result in a penalty of up to $50,000. Simply violating the rules without willful intent might incur a penalty up to $35,000. Lastly, entering false information in required documents or failing to maintain them properly can result in a penalty up to $25,000. The severity of the penalty can be influenced by the intent and circumstances of the violation.
Section § 43028
This law allows the state board to impose fines directly for breaking rules related to fuel requirements and standards instead of going through the courts. These fines can't be more than $25,000 for each day of violation or $300,000 total. However, the board can also negotiate settlements that might exceed these limits, but it can't use certain parts of the Business and Professions Code to do so.
Section § 43029
This law states that if there's a legal action related to gasoline or diesel fuel violations, the prosecuting agency must add an extra penalty aimed at eliminating economic gains from breaking the rules. For gasoline violations, the penalty is $9,100 per ton of increased emissions from noncompliant fuel. For diesel violations, the penalty is $5,200 per ton of increased emissions.
These penalties account for the increased pollution from the unlawful manufacture, distribution, and sale of fuels that do not meet state standards. To keep these penalties relevant, they'll be adjusted each year based on economic indicators and assessed by the state board. The methods for calculating emissions will also be reviewed and updated as needed.
Section § 43030
This law explains how penalties are counted for certain violations related to pollution. For any violation mentioned, every day that it happens counts as its own offense. If the offense is found through monthly production records, each day in the month where the violation occurs is a separate violation.
Additionally, if civil or administrative penalties are recovered, it prevents further prosecution for the same offense. If a violation gets referred to a prosecuting attorney, any civil or administrative cases about that offense must be dropped when a criminal complaint is filed.
Section § 43031
This California law outlines how civil penalties for violations are assessed and recovered. Legal actions can be taken either through court or administrative hearings. When deciding the penalty amount, officials must consider various factors: the harm caused to public health and safety, how persistent and severe the violation is, the offender's history of past violations, any preventive measures taken, the efforts and challenges involved in complying, the offender's cooperation during investigations, and the size of a business if applicable.
Section § 43031.5
This law states that any penalties collected by the state board for issues related to air pollution are to be placed in a special fund known as the Air Pollution Control Fund. The money from this fund can only be used by the state board for purposes like cleaning up the environment, addressing contamination, or investing in technology to prevent pollution.