§ 42978. — 42978. (Amended by Stats. 2024, Ch. 675, Sec. 6.)

California § 42978.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 3.: PART 3. STATE PROGRAMS
• Ch. 20.: CHAPTER 20. Product Stewardship for Carpets

Text

(a)
A civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter:
(1)
Ten thousand dollars ($10,000) per day.
(2)
Twenty-five thousand dollars ($25,000) per day if the violation is intentional, knowing, or negligent.
(b)
In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:
(1)
The nature and extent of the violation.
(2)
The number and severity of the violation or violations.
(3)
The economic effect of the penalty on the violator.
(4)
Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
(5)
The willfulness of the violator’s misconduct.
(6)
The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
(7)
Any other factor that justice may require.

Legislative History

Amended by Stats. 2024, Ch. 675, Sec. 6. (AB 863) Effective January 1, 2025. Conditionally inoperative pursuant to Section 42983.5.