Common use of Penalty Determination Clause in Contracts

Penalty Determination. Pursuant to Health and Safety Code section 39619.7, CARB must provide information on the basis for the penalties it seeks. This information is provided throughout this settlement agreement and summarized below: The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in H&SC sections 43024 and 43403. The per unit penalty in this case is a maximum of $10,000.00 per day for strict liability violation pursuant to H&SC section 39674 (H&SC § 39674). The vessel YM Upward operated on fuel within RCW that did not meet the distillate fuel standard for two days in violation of the regulation. The penalty obtained in this case is $8,500.00 per day for a total penalty of $17,000.00 USD after considering all factors specified in H&SC sections 43024 and 43024. In particular, the penalty reflects penalties obtained in other OGV violation cases as well as the fact that YMT implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC § 39674 because YMT failed to comply with ATCM adopted under H&SC section 39600 et seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. Since CARB has alleged that the fuel used did not meet regulatory requirements, all of the emissions from it were excess and illegal. Without information on engine usage and emission rates, however, quantifying these excess emissions is not practicable.

Penalty Determination. Pursuant to Health and Safety Code section 39619.7, CARB must provide information on the basis for the penalties it seeks. This information is provided throughout this settlement agreement and summarized below: The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in H&SC sections 43024 and 43403. The per unit penalty in this case is a maximum of $10,000.00 per day for strict liability violation pursuant to H&SC section 39674 (H&SC § 39674). The vessel YM Upward Royal Princess operated on fuel within RCW that did not meet the distillate fuel standard for two days one day in violation of the regulation. The penalty obtained in this case is $8,500.00 per day for a total penalty of $17,000.00 8,500.00 USD after considering all factors specified in H&SC sections 43024 and 43024. In particular, the penalty reflects penalties obtained in other OGV violation cases as well as the fact that YMT PC implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC § 39674 because YMT PC failed to comply with ATCM adopted under H&SC section 39600 et seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. Since CARB has alleged that the fuel used did not meet regulatory requirements, all of the emissions from it were excess and illegal. Without information on engine usage and emission rates, however, quantifying these excess emissions is not practicable.

Penalty Determination. Pursuant to Health and Safety Code section 39619.7, CARB must provide information on the basis for the penalties it seeks. This information is provided throughout this settlement agreement and summarized below: The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in H&SC sections section 43024 and 43403(H&SC § 43024). The per unit penalty in this case is a maximum of $10,000.00 per day for strict liability violation pursuant to H&SC section 39674 (H&SC § 39674). The vessel YM Upward Grand Quest operated on fuel within RCW that did not meet the distillate fuel standard for two days one day in violation of the regulation. The penalty obtained in this case is $8,500.00 8,000.00 per day for a total penalty of $17,000.00 8,000.00 USD after considering all factors specified in H&SC sections 43024 and § 43024. In particular, the penalty reflects penalties obtained in other OGV violation cases as well as cases. This penalty was calculated by considering all factors specified in Health and Safety Code sections 42403 and 43024, including the fact facts that YMT CIS implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC § 39674 because YMT CIS failed to comply with ATCM adopted under H&SC section 39600 et seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. Since CARB has alleged that the fuel used did not meet regulatory requirements, all of the emissions from it were excess and illegal. Without information on engine usage and emission rates, however, quantifying these excess emissions is not practicable.

Penalty Determination. Pursuant to Health and Safety Code section 39619.7, CARB must provide information on the basis for the penalties it seeks. This information is provided throughout this settlement agreement and summarized below: The manner in which the penalty amount was determined, including a per unit or per vehicle penalty. Penalties must be set at levels sufficient to discourage violations. The penalties in this matter were determined in consideration of all relevant circumstances, including the eight factors specified in H&SC sections 43024 and 43403. The per unit penalty in this case is a maximum of $10,000.00 per day for strict liability violation pursuant to H&SC section 39674 (H&SC § 39674). The vessel YM Upward Schweiz Reefer operated on fuel within RCW that did not meet the distillate fuel standard for two days in violation of the regulation. The penalty obtained in this case is $8,500.00 7,500.00 per day for a total penalty of $17,000.00 15,000.00 USD after considering all factors specified in H&SC sections 43024 and 43024. In particular, the penalty reflects penalties obtained in other OGV violation cases as well as the fact that YMT CSC implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC § 39674 because YMT CSC failed to comply with ATCM adopted under H&SC section 39600 et seq. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. Since CARB has alleged that the fuel used did not meet regulatory requirements, all of the emissions from it were excess and illegal. Without information on engine usage and emission rates, however, quantifying these excess emissions is not practicable.