Health & Saf. Code, § 42403 · Article 3. Penalties
Health & Saf. Code, § 42403
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.
(b) In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:
(1) The extent of harm caused by the violation.
(2) The nature and persistence of the violation.
(3) The length of time over which the violation occurs.
(4) The frequency of past violations.
(5) The record of maintenance.
(6) The unproven or innovative nature of the control equipment.
(7) Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.
(8) The financial burden to the defendant.
Notes and commentary — not statutory text
History
Amended by Stats. 2024, Ch. 300, Sec. 2. (AB 1465) Effective January 1, 2025.
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=42403.
- Text hash
- sha256 392d0322d6a348e1522b85808825230633ed714837d8e950d2f6218d4acb82cb
- 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, § 39674Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42401Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42402Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42402.1Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42402.2Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42402.3Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42402.6Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
Cited by 6 provisions
Provisions in this library whose text cites Health & Saf. Code, § 42403. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 42402.6Printed as Section 42403
- Health & Saf. Code, § 42403.5Printed as Section 42403
- Health & Saf. Code, § 42404Printed as Section 42403
- Health & Saf. Code, § 42404.5Printed as Section 42403
- Health & Saf. Code, § 42405Printed as Section 42403
- Health & Saf. Code, § 42410Printed as Section 42403
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.