California Health and Safety Code 43031 – (a) The civil or administrative civil penalties prescribed in …
(a) The civil or administrative civil penalties prescribed in this chapter shall be assessed and recovered either in a civil action brought in the name of the people of the State of California by the Attorney General or by the state board, or in administrative hearings established pursuant to regulations adopted by the state board.
(b) In determining the amount assessed, the court, the Attorney General, or the state board, in reaching any settlement, shall take into consideration all relevant circumstances, including, but not limited to, all of the following:
Terms Used In California Health and Safety Code 43031
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(1) The extent of harm to public health, safety, and welfare caused by the violation.
(2) The nature and persistence of the violation, including the magnitude of the excess emissions.
(3) The compliance history of the defendant, including the frequency of past violations.
(4) The preventive efforts taken by the defendant, including the record of maintenance and any program to ensure compliance.
(5) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods.
(6) The efforts to attain, or provide for, compliance.
(7) The cooperation of the defendant during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation.
(8) For a person who owns a single retail service station, the size of the business.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)