Section 3203 - Reasonable Civil PenaltyThe reasonableness of civil penalties in a settlement will be evaluated based on the factors set forth in the Health and Safety Code section 25249.7(b)(2). The following factors are "[other factors] that justice may require" to be considered within the meaning of Health and Safety Code section 25249.7(b)(2)(G):
(a) A settlement with little or no penalty may be entirely appropriate or not, based on the facts or circumstances of a particular case.(b) Recovery of civil penalties (75% of which must be provided to the Office of Environmental Health Hazard Assessment) serves the purpose and intent of Proposition 65. Accordingly, civil penalties shall not be "traded" for payments of attorney's fees.(c) Where a settlement provides that certain civil penalties are assessed, but may be waived in exchange for certain conduct by the defendant, such as, for example, reformulating products to reduce or eliminate the listed chemical, the conduct must be related to the purposes of the litigation, provide environmental and public health benefits within California, and provide a clear mechanism for verification that the qualifying conditions have been satisfied.(d) Where a settlement requires the alleged violator to make any Additional Settlement Payments to the plaintiff or to a third party, such Additional Settlement Payments are viewed as an "offset" to the civil penalty. The plaintiff must demonstrate to the satisfaction of the court that it is in the public interest to offset the civil penalty required by statute.Cal. Code Regs. Tit. 11, § 3203
1. New section filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 3).
2. Amendment filed 8-30-2016; operative 10-1-2016 (Register 2016, No. 36). Note: Authority cited: Sections 25249.7(f)(4) and 25249.7(f)(5), Health and Safety Code. Reference: Sections 25249.7(b)(2), 25249.7(f)(4) and 25249.7(f)(5), Health and Safety Code.
1. New section filed 1-17-2003; operative 1-17-2003 pursuant to Government Code section 11343.4(Register 2003, No. 3).
2. Amendment filed 8-30-2016; operative 10/1/2016 (Register 2016, No. 36).