Section 43024 Of Chapter 1. General Provisions From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 1.
43024
. (a) No later than March 1, 2011, the state board shall
publish a penalty policy for civil or administrative penalties
prescribed under Chapter 1 (commencing with Section 43000) to Chapter
4 (commencing with Section 43800), inclusive, and Chapter 6
(commencing with Section 44200).
(b) The policy shall take into consideration all relevant
circumstances, including, but not limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare
caused by the violation.
(2) The nature and persistence of the violation, including the
magnitude of the excess emissions.
(3) The compliance history of the defendant, including the
frequency of past violations.
(4) The preventive efforts taken by the defendant, including the
record of maintenance and any program to ensure compliance.
(5) The innovative nature and the magnitude of the effort required
to comply, and the accuracy, reproducibility, and repeatability of
the available test methods.
(6) The efforts of the defendant to attain, or provide for,
compliance.
(7) The cooperation of the defendant during the course of the
investigation and any action taken by the defendant, including the
nature, extent, and time of response of any action taken to mitigate
the violation.
(8) The financial burden to the defendant.