(a)  The civil or administrative civil penalties prescribed in this chapter shall be assessed and recovered either in a civil action brought in the name of the people of the State of California by the Attorney General or by the state board, or in administrative hearings established pursuant to regulations adopted by the state board.

(b)  In determining the amount assessed, the court, the Attorney General, or the state board, in reaching any settlement, shall take into consideration all relevant circumstances, including, but not limited to, all of the following:

(1)  The extent of harm to public health, safety, and welfare caused by the violation.

(2)  The nature and persistence of the violation, including the magnitude of the excess emissions.

(3)  The compliance history of the defendant, including the frequency of past violations.

(4)  The preventive efforts taken by the defendant, including the record of maintenance and any program to ensure compliance.

(5)  The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods.

(6)  The efforts to attain, or provide for, compliance.

(7)  The cooperation of the defendant during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation.

(8)  For a person who owns a single retail service station, the size of the business.

(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)