Health & Saf. Code, § 42400.8 · Article 3. Penalties
Health & Saf. Code, § 42400.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Added by Stats. 2000, Ch. 805, Sec. 9. Effective January 1, 2001.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=42400.8.
- Text hash
- sha256 ce033f8772ebee8257efe2823777b1db1c87cc97cd792c378034b24106b0e484
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, § 42400Printed as Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3
- Health & Saf. Code, § 42400.1Printed as Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3
- Health & Saf. Code, § 42400.2Printed as Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3
- Health & Saf. Code, § 42400.3Printed as Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.