SECTIONS 25215.6-25215.7 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25215.6-25215.7

25215.6. (a) No person shall manufacture, sell, or install a wheel
weight in California that contains more than 0.1 percent lead by
weight.
(b) If the department identifies an alternative to lead contained
in wheel weights as a chemical of concern pursuant to Section 25252,
then the lead alternative shall remain subject to the evaluation
process imposed pursuant to Section 25253 to determine how best to
limit exposure or to reduce the level of hazard posed by the lead
alternative.
(c) Nothing in this section shall be construed to restrict the
authority of the department pursuant to Sections 25252 and 25253
relating to a chemical or chemical ingredient contained in wheel
weights, including, but not limited to, an alternative to lead.

25215.7. (a) Any person who violates or threatens to violate the
provisions of this article may be enjoined in any court of competent
jurisdiction.
(b) Notwithstanding any other law, a person who violates this
article shall not be subject to criminal penalties and shall only be
subject to the administrative or civil penalties specified in
subdivision (c).
(c) (1) A person who violates this article shall be liable for an
administrative or a civil penalty not to exceed two thousand five
hundred dollars ($2,500) per day for each violation. That
administrative or civil penalty may be assessed and recovered in an
administrative action filed with the Office of Administrative
Hearings or in a civil action brought in any court of competent
jurisdiction.
(2) In assessing the amount of an administrative or a civil
penalty for a violation of this article, the presiding officer or the
court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number and severity of the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with
this article and the time these measures were taken.
(E) The willfulness of the violator's misconduct.
(F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(d) Administrative and civil penalties collected pursuant to this
article shall be deposited in the Toxic Substances Control Account,
for expenditure by the Department of Toxic Substances Control, upon
appropriation by the Legislature, to implement and enforce this
article, except as provided in Section 25192.