California Public Resources Code

§ 3236.2

PRC § 3236.2 Effective Jan 1, 2024Div. 3 · Ch. 1 · Art. 4

Statute text

(a)(1) Upon referral by the supervisor, a person who violates this chapter or a regulation implementing this chapter is subject to a civil penalty of not more than fifty thousand dollars ($50,000) for each separate violation or, for continuing violations, for each day that violation continues, except as otherwise provided in paragraph (2). An act of God or a criminal act of vandalism beyond the reasonable control of the operator is not a violation.

(2)A civil penalty under this subdivision shall not be more than twenty-five thousand dollars ($25,000) for each separate violation, or, for continuing violations, for each day that violation continues, if the person accused of the violation alleges by affirmative defense and establishes by a preponderance of the evidence both of the following:

(A)The violation did not result in harm to, and did not present a significant threat to, human health, property, or the environment.

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Legislative history

Added by Stats. 2023, Ch. 337, Sec. 5. (AB 631) Effective January 1, 2024.