Health and Safety Code section 42400.8

In determining the amount of fine to impose pursuant to Section 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall consider all relevant circumstances, including, but not limited to, the following:

(a)

The extent of harm caused by the violation.

(b)

The nature and persistence of the violation.

(c)

The length of time over which the violation occurs.

(d)

The frequency of past violations.

(e)

The record of maintenance.

(f)

The unproven or innovative nature of the control equipment.

(g)

Any action taken by the person including the nature, extent, and time of response of any cleanup and construction undertaken, to mitigate the violation.

(h)

The financial burden on the defendant.

(i)

Any other circumstances the court deems relevant.

Source: Section 42400.8, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=HSC§ionNum=42400.­8.­ (updated Jan. 1, 2001; accessed Dec. 29, 2025).

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Verified:
Dec. 29, 2025

§ 42400.8's source at ca​.gov