Chapter 4Penalties

Section § 72430

Explanation

If someone breaks certain environmental rules outlined in Section 72420 or 72420.2, they can be fined up to $25,000 for each violation.

This penalty is separate from any other fines for different violations. When deciding the fine amount, the court will consider factors like how serious and harmful the violation was, the violator's ability to pay, and if they took steps to clean up.

Lawsuits to enforce these fines must be brought by specific officials, like the Attorney General, upon a complaint or request from certain state bodies like the Department of Fish and Game or a water quality board. Local district attorneys or city attorneys can also file lawsuits, representing the people of California.

(a)CA Public Resources Code § 72430(a) A person who violates Section 72420 or 72420.2 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation.
(b)CA Public Resources Code § 72430(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)CA Public Resources Code § 72430(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)Copy CA Public Resources Code § 72430(d)
(1)Copy CA Public Resources Code § 72430(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)CA Public Resources Code § 72430(d)(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)CA Public Resources Code § 72430(d)(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)CA Public Resources Code § 72430(d)(4) An action relating to the same violation may be joined or consolidated.
environmental violations civil penalty Section 72420 Department of Fish and Game regional water quality control board Attorney General district attorney city attorney ability to pay toxic release extent of harm voluntary cleanup efforts prior violations economic benefit from violation judicial enforcement
(Amended by Stats. 2012, Ch. 279, Sec. 7. (SB 1360) Effective January 1, 2013.)