Section 18970 - Criteria to Impose a Civil PenaltyIn assessing or reviewing the amount of civil penalty imposed for a violation of this article, the department or the court shall consider the totality of the circumstances, which may include, but is not limited to, the following:
(a) The nature, circumstances, extent, and gravity of the violation(s).(b) The number and severity of the violation(s).(c) Evidence that the violation was intentional, knowing, or negligent.(d) The size of the violator.(e) History of violation(s) of the same or similar nature.(f) The willfulness of the violator's misconduct.(g) Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.(h) Evidence of any financial gain resulting from the violation(s).(i) The economic effect of the penalty on the violator.(j) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.(k) Any other factor that justice may require.Cal. Code Regs. Tit. 14, § 18970
1. New section filed 7-21-2015; operative 7-21-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 30). Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 42985, 42986, 42993, 42993.1, 42993.2 and 42993.3, Public Resources Code.
1. New section filed 7-21-2015; operative 7/21/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 30).