FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

RULE 8.0 - PENALTIES
(Adopted 6/91; Amended 9/01)

In accordance with Sections 42400 through 42404 of the California Health and Safety Code:

a. Any person who violates any provisions of this part or any order, rule or regulation of the District adopted pursuant to these Rules and Regulations is guilty of a misdemeanor. Every day during any portion of which such violation occurs constitutes a separate offense.
b. Any person who intentionally or negligently violates any order of abatement by the District shall be liable for a civil penalty levied according to amounts allowed by the California Health and Safety Code.
c. Any person who violates any order, permit or Regulation of the District, the District Hearing Board or State Board shall be liable for a civil penalty levied according to amounts allowed by the California Health and Safety Code.
d. The civil penalties prescribed by Section 'b' and 'c' of this Rule shall be assessed and recovered in a civil action brought in the name of the people of California by the district attorney or by the attorney for the District or the Air Pollution Control Officer (APCO) is authorized to enter into voluntary settlement in accordance with the established procedures of the settlements program.
In determining such amount the court shall take into consideration all relevant circumstances including, but not limited to the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and, corrective action, if taken by the defendant.
e. Any person who willfully and knowingly fails to pay the fees established in these regulations or established by State mandate is guilty of a misdemeanor. Every day during any portion of which such violation occurs constitutes a separate offense and civil penalties may be levied according to amounts allowed by the California Health and Safety Code.
f. An action brought pursuant to Section 'd' of this Rule, to recover such civil penalties shall take special precedence over all other civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.