Section 100880 Of Article 3. Environmental Laboratories From California Health And Safety Code >> Division 101. >> Part 1. >> Chapter 4. >> Article 3.
100880
. If the department determines that a laboratory is in
violation of this article or any regulation or order issued or
adopted pursuant to this article, the department may, in addition to
suspension, denial, or revocation of the certificate or NELAP
accreditation, issue a citation to the owner of the laboratory. It
shall be the function of the approved accrediting authority to issue
citations. The Legislature finds and declares that since NELAC is a
standard setting body, it cannot, as such, enforce civil or criminal
penalties.
(a) The citation shall be served personally or by registered mail.
(b) Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the statutory provision, order, or regulation alleged to have been
violated.
(c) The citation shall fix the earliest feasible time for
elimination or correction of the condition constituting the
violation.
(d) Citations issued pursuant to this section shall specify a
civil penalty for each violation, not to exceed one thousand dollars
($1,000), for each day that the violation occurred.
(e) If the owner fails to correct a violation within the time
specified in the citation, the department may assess a civil penalty
as follows:
(1) For failure to comply with any citation issued for a violation
of this article or a regulation, an amount not to exceed two hundred
fifty dollars ($250) for each day that the violation continues
beyond the date specified for correction in the citation.
(2) For failure to comply with any citation issued for violation
of any department-issued order, an amount not to exceed two hundred
dollars ($200) for each day the violation continues beyond the date
specified for correction in the citation.