Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. CARB considered whether the violator came into compliance quickly and cooperated with the investigation; the extent of harm to public health, safety and welfare; nature and persistence of the violation, including the magnitude of the excess emissions; compliance history; preventative efforts taken; innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods; efforts to attain, or provide for, compliance prior to violation; action taken to mitigate the violation; financial burden to the violator; and voluntary disclosure. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including statutory factors as described in CARB’s Enforcement Policy. US Foods, Inc. came into compliance quickly, put into place policies and procedures to prevent similar issues in the future, and fully cooperated with the investigation. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case.
Aggravating and Mitigating Factors. The penalties in this matter were determined in consideration of all relevant circumstances, including the statutory factors specified in Health & Safety Code section 42403. CARB considered whether ACT cooperated with the investigation; the extent of harm caused by the violation; the nature and persistence of the violation; the length of time over which the violation occurred; action taken to mitigate the violation; and, the financial burden to the violator. The penalties are set at levels sufficient to deter violations, to remove any economic benefit or unfair advantage from noncompliance, to obtain swift compliance, and to account for the potential costs, risks, and uncertainty associated with litigation. Penalties in future cases might be smaller or larger depending on the unique circumstances of the case. ACKNOWLEDGED AND ACCEPTED BY: California Air Resources Board Signature: /S/ Name: Xxxxxxx X. Xxxxx Title: _Executive Officer Date: 4/2/2021 ACT Commodities, Inc.
Aggravating and Mitigating Factors. Aggravating factors are circumstances that increase the severity of the impact of the directive violation. Mitigating factors are circumstances that do not excuse or justify the conduct but decrease the severity of the impact of the directive violation. *Aggravating or mitigating factors are applied only after the sustained finding(s) for the totality of the conduct found and after any due process meeting. These factors are only used to alter a corrective action level. Aggravating and mitigating factors do not alter the category of conduct.
Aggravating and Mitigating Factors. 15. The Executive Counsel considers that there are no aggravating or mitigating factors that have not already been considered as part of the assessment of the seriousness of the Misconduct and that make it necessary to adjust the sanctions determined to be appropriate. Adjustment for deterrence