2010 California Code
Health and Safety Code
Article 14. Penalties

115215.  (a) Any person who violates this chapter, or rules,
regulations, or orders in effect adopted pursuant to this chapter, is
guilty of a misdemeanor and shall, upon conviction, be punished by a
fine not to exceed one thousand dollars ($1,000) or by imprisonment
in the county jail for a period not to exceed 180 days, or by both
the fine and imprisonment.
   (b) Any person who knowingly disposes or causes the disposal of
any radioactive material regulated by this chapter, or who reasonably
should have known that the person was disposing or causing the
disposal of the material, at a facility within the state that does
not have a license for disposal issued by the department pursuant to
this chapter, or at any point in the state that is not authorized
according to this chapter, or by any other local, state, or federal
agency having authority over radioactive materials, and is in
violation of this chapter, or any regulation or order adopted
pursuant to this chapter, is guilty of a public offense, and upon
conviction, may be punished as follows:
   (1) If the disposal is found to have caused a substantial danger
to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2). The court may also impose, upon
a person convicted of violating this subdivision, a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as otherwise provided in paragraph (2).
   (2) If the act that violated this subdivision caused great bodily
injury or caused a substantial probability that death could result,
the person convicted may be punished by imprisonment in the state
prison for three, five, or seven years and may be fined not more than
two hundred fifty thousand dollars ($250,000) for each day of
violation.
   (c) Any person who knowingly transports or causes the
transportation of any radioactive material regulated by this chapter,
or who reasonably should have known that the person was causing the
transportation of the material, to a facility in the state that does
not have a license from the department issued pursuant to this
chapter, to any point in the state that is not authorized by this
chapter, or to any point in the state that is not authorized by any
other local, state, or federal agency having authority over
radioactive materials, and is in violation of this chapter, or any
regulation or order adopted pursuant to this chapter, is guilty of a
public offense and, upon conviction, may be punished as follows:
   (1) If the transportation is found to have caused a substantial
danger to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2). The court may also impose, upon
a person convicted of violating this subdivision, a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as provided by paragraph (2).
   (2) If the transportation that violated this subdivision caused
great bodily injury or caused a substantial probability that death
could result, the person convicted may be punished by imprisonment in
the state prison for three, five, or seven years and may be fined
not more than two hundred fifty thousand dollars ($250,000) for each
day of violation.
   (d) Notwithstanding any other provision of this chapter,
radioactive materials used in medical treatment or result from
medical treatment, that are disposed, stored, handled, or transported
in a manner authorized pursuant to this chapter, are exempt from
subdivisions (b) and (c).
   (e) Notwithstanding subdivision (a), any person who violates any
provision of this chapter relating to mammography or regulations
adopted pursuant to those provisions is guilty of a misdemeanor and
shall, upon conviction thereof, be punished by a fine not to exceed
five thousand dollars ($5,000), per day of offense, or by
imprisonment in the county jail not to exceed 180 days, or both the
fine and imprisonment.


115220.  (a) Any person who intentionally or through gross
negligence violates any provision of this chapter, or any rule or
regulation adopted pursuant thereto, or who fails or refuses to
comply with a cease and desist order or other order of the department
issued thereunder, and that action causes a substantial danger to
the health of others, shall be liable to the department for a civil
penalty not to exceed five thousand dollars ($5,000) per day, per
offense.
   (b) The remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.