Statute · California Health and Safety Code

Cal. Health & Safety Code § 42400.8 — Penalties

Cal. Health & Safety Code § 42400.8

Type
Statute
Source
California Health and Safety Code
Jurisdiction
California
Date
2001-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

In determining the amount of fine to impose pursuant to Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall consider all relevant circumstances, including, but not limited to, the following:

Citator

Cal. Health & Safety Code § 42400.8 — Penalties is in force in the current edition of the Code, and nothing recorded condemns it.

In determining the amount of fine to impose pursuant to Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall consider all relevant circumstances, including, but not limited to, the following:

(a)  The extent of harm caused by the violation.

(b)  The nature and persistence of the violation.

(c)  The length of time over which the violation occurs.

(d)  The frequency of past violations.

(e)  The record of maintenance.

(f)  The unproven or innovative nature of the control equipment.

(g)  Any action taken by the person including the nature, extent, and time of response of any cleanup and construction undertaken, to mitigate the violation.

(h)  The financial burden on the defendant.

(i)  Any other circumstances the court deems relevant.