Browse Previous Page | Table of Contents | Browse Next Page

California Air Pollution Control Laws

HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

§ 42402.3. Willful and intentional emission of air contaminant; Penalty

(a) Any person who willfully and intentionally 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 seventy-five thousand dollars ($75,000).

(b) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that results in an unreasonable risk of great bodily injury to, or death of, any person, is liable for a civil penalty of not more than one hundred twenty-five thousand dollars ($125,000). If the violator is a corporation, the maximum penalty may be up to five hundred thousand dollars ($500,000).

(c) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, 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 two hundred fifty thousand dollars ($250,000). If the violator is a corporation, the maximum penalty may be up to one million dollars ($1,000,000).

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

Added Stats 1992 ch 1252 § 9 (AB 1572). Amended Stats 1993 ch 1166 § 16 (AB 2288); Stats 2000 ch 805 § 13 (SB 1865); Stats 2001 ch 854 § 16 (SB 205).

Amendments:

1993 Amendment: (1) Added subdivision designation (a); (2) amended subd (a) by (a) deleting “any provision of” after “in violation of”; and (b) substituting “rule, regulation, permit, or order” for “order, permit, rule, or regulation” after “part or any”; and (3) added subd (b).

2000 Amendment: (1) Amended subd (a) by (a) adding “including a district hearing board,”; (b) substituting “seventy-five thousand dollars ($75,000)” for “fifty thousand dollars ($50,000); (2) added subds (b) and (c); and (3) redesignated former subd (b) to be subd (d).

2001 Amendment: Deleted “subdivision (e) of” after “defined by” throughout the section.

Note- Stats 1993 ch 1166 provides:

SECTION 1. It is the intent of the Legislature that this act provide authority in state law for the implementation of the operating permit program required by Title V of the federal Clean Air Act (42 U.S.C. 7661 et seq.) without affecting the issuance of permits as required by any other provision of state law.

Browse Previous Page | Table of Contents | Browse Next Page