Madrana

I

Joint and Several Liability

Following negotiated pleas of guilty and nolo contendere to various Health and Safety Code violations and admitting various enhancements appropriate to those charges, the trial court sentenced each defendant to time in prison consistent with his plea In addition, the court ordered each defendant to pay, jointly and severally, $2,337.40 as restitution pursuant to Penal Code section 1202.4, subdivision (f), and $12,464.82 as a penalty pursuant to Health and Safety Code section 11374.5, subdivision (b)(1). Defendants, except Mendoza, contend on appeal the trial court improperly imposed these amounts jointly and severally.

A. Health and Safety Code section 11374.5, subdivision (b)

Health and Safety Code section 11374.5, subdivision (a) prohibits disposal of hazardous substances or chemicals used in the manufacture of controlled substances in violation of any law regulating disposal of hazardous substances or hazardous waste. Subdivision (b) then provides: “(b)(1) In addition to any other penalty or liability imposed by law, a person who is convicted of violating subdivision (a) shall pay a penalty equal to the amount of the actual cost of any…