Section 14027 Of Article 1.5. Pesticides From California Food And Agricultural Code >> Division 7. >> Chapter 3. >> Article 1.5.
14027
. (a) Notwithstanding Section 12998, any person who violates
any rule or regulation, emission limitation, or permit condition
adopted pursuant to this article is liable for a civil penalty not to
exceed ten thousand dollars ($10,000) for each day in which the
violation occurs. In assessing a civil penalty under this article,
the court shall consider the appropriateness of the penalty with
respect to the following factors:
(1) The size of the business of the person being charged.
(2) The gravity of the violation.
(3) The good faith of the person being charged.
(4) The history of previous violations.
Any money recovered under this section shall be paid into the
Department of Food and Agriculture Fund for use by the department in
administering this division and Division 6 (commencing with Section
11401).
(b) Liability may be imposed under subdivision (a) only if the
department establishes that the violation was caused by an act which
was the result of intentional or negligent conduct by the person
accused of the violation.