Cal. HSC § 25258.6 — California Code / Code hsc / Division 20 / Chapter 6.5 / Article 15 / Section 25258.6
Section 25258.6
Status: in_force

(a) A violation of this article is punishable by a civil and administrative penalty.

(b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this article. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues.

(c) In assessing the amount of a civil penalty for a violation of this article, the court may consider all of the following:

(1) The nature and extent of the violation.

(2) The number and severity of the violations.

(3) The economic effect of the penalty on the violator.

(4) Whether the violator took good faith measures to comply with this article and when the measures were taken.

(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.

(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known.

(d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this article. A proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss.

(e) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state at the request of the department.

(f) A prevailing plaintiff bringing an action pursuant to this article shall be awarded attorney’s fees and costs by the court.

(g) (1) Moneys from penalties collected pursuant to this section shall be deposited in the T.A.M.P.O.N. Act Fund, which is hereby created in the State Treasury.

(2) The department’s duties to initiate, implement, or enforce any requirement of this article are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this article.

(3) Upon appropriation by the Legislature and subject to the determination in paragraph (2), if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the department’s activities pursuant to this article, funds may be used as a loan by the department for the department to carry out this article until the T.A.M.P.O.N. Act Fund generates revenues sufficient to fund the department’s reasonable costs of implementing this article and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the department’s activities pursuant to this article.