Certified Unified Program Agency v. Eastgate Petro
On August 23, 2012, Certified Unified Program Agency for San Luis Obispo County (CUPA), an environmental protection enforcement agency, issued “unilateral enforcement orders” against Eastgate and another petroleum company, Bay Area Diablo Petroleum (Bay Area Diablo). It found they violated Health and Safety Code and state regulations relating to controlling hazardous materials in their underground storage tanks. (Health & Saf. Code, § 25404.1.1.)
The companies appealed. At an administrative law hearing, the administrative law judge (ALJ) found against the companies and assessed $1,412,355 as “administrative penalties.” The ALJ ruled the companies could “seek reduction of the total penalty” for “financial hardship” by presenting evidence to CUPA. In a supplemental unilateral enforcement order, CUPA determined Eastgate’s penalty was $933,330.
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