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California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

§ 42402.1. Negligent emission of air contaminants; Operation of source of contaminants which cause actual injury; Civil penalties

(a) Any person who negligently emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, pertaining to emission regulations or limitations is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000).

(b) Any person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, is liable for a civil penalty of not more than one hundred thousand dollars ($100,000).

(c) Each day during any portion of which a violation occurs is a separate offense.

Added Stats 1986 ch 1453 § 6. Amended Stats 1992 ch 1252 § 7 (AB 1572); Stats 2000 ch 805 § 11 (SB 1865); Stats 2001 ch 854 § 14 (SB 205).

Amendments:

1992 Amendment: (1) Amended subd (a) by (a) adding “permit,” after “regulation,”; and (b) substituting “fifteen thousand dollars ($15,000)” for “ten thousand dollars ($10,000)”; and (2) substituted “paragraph (2) of subdivision (d)” for “subdivision (c)” in subd (b).

2000 Amendment: (1) Amended subd (a) by (a) adding “district, including a”; (b) adding “hearing board,”; (c) substituting “twenty-five thousand dollars ($25,000)” for “fifteen thousand dollars ($15,000)”; (2) amended subd (b) by (a) substituting “negligently emits an air contaminant” for “owns or operates any source of air contaminants”; (b) substituting “that causes” for “which causes”; (c) substituting “great bodily” for “actual”; (d) substituting “by subdivision (e) of Section 12022.7 of the Penal Code, to any person or that causes the death of any person” for “in paragraph (2) of subdivision (d) of Section 42400.2, to the health and safety of a considerable number of persons or the public”; and (e) substituting “of not more than one hundred thousand dollars ($100,000)” for “as provided in subdivision (a)”.

2001 Amendment: Deleted “subdivision (e) of” after “defined by” in subd (b).

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