California Public Resources Code

§ 3236.5

PRC § 3236.5 Effective Jan 1, 2024Div. 3 · Ch. 1 · Art. 4

Statute text

(a)A person who violates this chapter or a regulation implementing this chapter is, at the supervisor’s discretion, subject to an administrative civil penalty as described in subdivision (b) for each violation. An act of God and an act of vandalism beyond the reasonable control of the operator shall not be considered a violation. The administrative civil penalty shall be imposed by an order of the supervisor pursuant to Section 3225 upon a determination that a violation has been committed by the person charged. The imposition of an administrative civil penalty under this section shall be in addition to any other penalty provided by law for the violation, except that a person is not subject to an administrative civil penalty imposed pursuant to this section and to a civil penalty imposed pursuant to Section 3236.2 for the same act or failure to act. When establishing the amount of the administrative civil penalty pursuant to this section, the supervisor shall consider, in addition to other relevant circumstances, all of the following:

(1)The extent of harm caused by the violation.

(2)The persistence of the violation.

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Legislative history

Amended by Stats. 2023, Ch. 337, Sec. 7. (AB 631) Effective January 1, 2024.