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: 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 Health and Safety Code 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 Health and Safety Code section 39674. The vessel Yantian Express operated on fuel within RCW that did not meet the distillate fuel standard for three days in violation of the regulation. The penalty obtained in this case is $7,500.00 per day, $750.00 per hour, for a total penalty of $24,750.00 USD after considering all factors specified in Health and Safety Code sections 43403 and 43024. Penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations, and obtaining swift compliance, the consideration of past penalties in similar case negotiations, and the potential cost and risk associated with litigating these particular violations. The penalty also reflects penalties obtained in other OGV violation cases as well as the fact that this was a first time violation, and that HLS implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. Penalties in future cases might be smaller or larger on a per unitbasis. The penalty provision being applied in this case is Health and Safety Code section 39674 because HLS failed to comply with ATCM adopted under Health and Safety Code section 39600 et seq. 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: 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 Health and Safety Code 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 Health and Safety Code section 39674. The vessel Yantian Express Nikos P operated on fuel within RCW that did not meet the distillate fuel standard for over the course of three days in violation of the regulation. The penalty obtained in this case is $7,500.00 7,000.00 per day, $750.00 per hour, day for a total penalty of $24,750.00 21,000.00 USD after considering all factors specified in Health and Safety Code sections 43403 and 43024. Penalties in this instance were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations, and obtaining swift compliance, the consideration of past penalties in similar case negotiations, and the potential cost and risk associated with litigating these particular violations. The penalty also reflects penalties obtained in other OGV violation cases as well as the fact that this was a first time violation, and that HLS TSI implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. Penalties in future cases might be smaller or larger on a per unitbasis. The penalty provision being applied in this case is Health and Safety Code section 39674 because HLS TSI failed to comply with ATCM adopted under Health and Safety Code section 39600 et seq. 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: 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 Health and Safety Code 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 Health and Safety Code section 39674. The vessel Yantian Express Comoros Stream operated on fuel within RCW that did not meet the distillate fuel standard for three days in violation of the regulation. The penalty obtained in this case is $7,500.00 per day, $750.00 per hour, for a total penalty of $24,750.00 22,500.00 USD after considering all factors specified in Health and Safety Code sections 43403 and 43024. Penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations, and obtaining swift compliance, the consideration of past penalties in similar case negotiations, and the potential cost and risk associated with litigating these particular violations. The penalty also reflects penalties obtained in other OGV violation cases as well as the fact that this was a first time violation, and that HLS SGG implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigation. Penalties in future cases might be smaller or larger on a per unitbasis. The penalty provision being applied in this case is Health and Safety Code section 39674 because HLS SGG failed to comply with ATCM adopted under Health and Safety Code section 39600 et seq. 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: 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 Health and Safety Code 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 Health and Safety Code section 39674. The vessel Yantian Express MOL Creation operated on fuel within RCW that did not meet the distillate fuel sulfur standard for three days one day in violation of the regulation. The penalty obtained in this case is $7,500.00 10,000.00 per day, $750.00 per hour, for a total penalty of $24,750.00 10,000.00 USD after considering all factors specified in Health and Safety Code sections 43403 and 43024. Penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations, and obtaining swift compliance, the consideration of past penalties in similar case negotiations, and the potential cost and risk associated with litigating these particular violations. The penalty also reflects penalties obtained in other OGV violation cases as well as the fact that this was a first time violation, and that HLS implemented additional steps to their fuel change procedures to ensure future compliance and cooperated completely with the investigationcases. Penalties in future cases might be smaller or larger on a per unitbasis. The penalty provision being applied in this case is Health and Safety Code section 39674 because HLS MOL failed to comply with ATCM adopted under Health and Safety Code section 39600 et seq. 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.