California Health and Safety Code 42400.8 – In determining the amount of fine to impose pursuant to Sections …
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.
Terms Used In California Health and Safety Code 42400.8
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
(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.
(Added by Stats. 2000, Ch. 805, Sec. 9. Effective January 1, 2001.)