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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) A civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter:
(1) Five thousand dollars ($5,000) per day.
(2) Ten thousand dollars ($10,000) per day if the violation is intentional, knowing, or negligent.
(b) In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:
(1) The nature and extent of the violation.
(2) The number and severity of the violation or violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
(5) The willfulness of the violator's misconduct.
(6) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
(7) Any other factor that justice may require.
Cite this article: FindLaw.com - California Code, Public Resources Code - PRC § 42978 - last updated January 01, 2023 | https://codes.findlaw.com/ca/public-resources-code/prc-sect-42978/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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