If you do not possess a district permit or Statewide PERP registration for your engine you are in violation of district Rule 501, General Permit Requirements. If the engine is diesel fueled you are also in violation of the State’s Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater. Among other requirements, this regulation requires that you obtain either a district permit or a Statewide PERP registration.
The District enforces both its rules and the State's regulation. For each day that you were required to have a permit or registration and did not have one, you are strictly liable for up to $1,000 per day in civil penalties, and may be liable for up to $10,000 per day in civil penalties if the lack of a permit was due to negligent or intentional conduct. Higher penalties may apply if in addition to not possessing a permit or registration the equipment emits pollutants in violation of applicable emission standards. Finally, if a permit is sought then late permit application filing fees may apply.
In taking enforcement action the District will consider as factors in setting the penalty offer whether the violation was discovered by the District or if the violation was voluntarily disclosed, whether prompt action was taken to obtain a permit or registration, whether the violation was intentional or due to negligence, whether emission limitations were violated, and the benefit that accrued from the violation (e.g. avoided costs).
If the lack of a permit or registration “in-hand” is discovered, then the District will not allow operation of the equipment, unless either a district permit or a State registration has been applied for all company equipment subject to permitting/registration in Placer County, and an agreement on compliance has been reached. The District will take enforcement action for the discovered violation(s), but may elect not to take enforcement action on further operation of the equipment pursuant to a compliance agreement reached between the Operator and the District. If an application for a State PERP registration was made prior to discovery by the District this will be taken into consideration as a mitigating factor; however, the operator is not absolved from having violated since having the registration prior to operation is a PERP requirement.
For violations disclosed to the District, the District may elect to not take enforcement action provided that a compliance agreement is reached between the operator and the District and it is adhered to by the operator to encourage future compliance.
Gasoline or alternatively fueled engines are also required to have a permit from the District or registration by the State. An enforcement process that is similar to the one described above will be followed by the District for gasoline and alternative fueled engines. If the equipment cannot meet permit or registration emission or equipment standards, then the equipment cannot be permitted or registered and cannot be legally operated in Placer County.
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