California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 6 - Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests
Article 8.5 - Waste Tire Hauler Registration and Manifesting Requirements for Waste and Used Tire Haulers, Retreaders, Waste and Used Tire Generators, and Waste and Used Tire End-Use Facilities
Section 18465 - Criteria to Impose a Civil Penalty
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
In assessing the amount of civil penalty, factors to be considered shall include, but are not limited to, the following:
(1) The nature, circumstances, extent, and gravity of the violation.
(2) Evidence that the violation was willful or negligent.
(3) The good or bad faith exhibited by the party.
(4) History of violation of the same or similar nature.
(5) The extent to which the party has cooperated with the Board in remediating the violation.
(6) The extent that the party has mitigated or attempted to mitigate any damage or injury caused by his or her violation.
(7) Evidence of any financial gain resulting from the violation.
(8) Such other matters as justice may require.
1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Repealer of subsection (b) filed 3-6-2003 as an emergency; operative 3-6-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (b) refiled 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
4. Repealer of subsection (b) refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
5. Refiling of 11-3-2003 order 3-2-2004 as an emergency, including further amendment of NOTE; operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 3-2-2004 order, including repealer of subsection (a) designator, transmitted to OAL 6-15-2004 and filed 7-21-2004 (Register 2004, No. 30).
Note: Authority cited: Sections 40502, 42962 and 43020, Public Resources Code. Reference: Section 42962, Public Resources Code.
