72430. (a) A person who violates Section 72420 or 72420.2, or until
January 1, 2014, Section 72420.1, is subject to a civil penalty of
not more than twenty-five thousand dollars ($25,000) for each
violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may be
brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.
72430. (a) A person who violates Section 72420 or 72420.2, or until
January 1, 2014, Section 72420.1, is subject to a civil penalty of
not more than twenty-five thousand dollars ($25,000) for each
violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may be
brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.
72430. (a) A person who violates Section 72420 or 72420.2, or until
January 1, 2014, Section 72420.1, is subject to a civil penalty of
not more than twenty-five thousand dollars ($25,000) for each
violation.
(b) The civil penalty imposed for each separate violation pursuant
to this section is separate from, and in addition to, any other
civil penalty imposed for a separate violation pursuant to this
section or any other provision of law.
(c) In determining the amount of a civil penalty imposed pursuant
to this section, the court shall take into consideration all relevant
circumstances, including, but not limited to, the nature,
circumstance, extent, and gravity of the violation. In making this
determination, the court shall consider the degree of toxicity and
volume of the release, the extent of harm caused by the violation,
whether the effects of the violation may be reversed or mitigated,
and with respect to the defendant, the ability to pay, the effect of
a civil penalty on the ability to continue in business, all voluntary
cleanup efforts undertaken, the prior history of violations, the
gravity of the behavior, the economic benefit, if any, resulting from
the violation, and all other matters the court determines justice
may require.
(d) (1) A civil action brought under this section may only be
brought in accordance with this subdivision. That civil action may be
brought by the Attorney General upon complaint or request by the
Department of Fish and Game or the appropriate California regional
water quality control board, or by a district attorney or city
attorney.
(2) Notwithstanding Section 13223 of the Water Code, a regional
water quality control board may delegate to its executive officer
authority to request the Attorney General for judicial enforcement
under this section.
(3) If a district attorney or city attorney brings an action under
this section, the action shall be in the name of the people of the
State of California.
(4) An action relating to the same violation may be joined or
consolidated.
