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HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

Article 3 Penalties

§ 42400.1. Negligent emission of air contaminants; Operation of source of contaminants which causes actual injury; Criminal sanctions

(a) Any person who negligently emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board or of a district pertaining to emission regulations or limitations is guilty of a misdemeanor and is punishable by a fine of not more than twenty-five thousand dollars ($25,000), or imprisonment in a county jail for not more than nine months, or by both that fine and imprisonment.

(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, or death of, any person, is guilty of a misdemeanor and is punishable by a fine of not more than one hundred thousand dollars ($100,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

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

Added Stats 1986 ch 1453 § 2. Amended Stats 1992 ch 1252 § 3 (AB 1572); Stats 2000 ch 805 § 4 (SB 1865); Stats 2001 ch 854 § 11 (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)”; (2) substituted “paragraph (2) of subdivision (d)” for “subdivision (c)” in subd (b); and (3) substituted “Section 42402, 42402.1, 42402.2, or 42402.3” for “Section 42402, 42402.1, or 42402.2,” in subd (c).

2000 Amendment: (1) Added “twenty-five thousand dollars ($25,000) or imprisonment in the county jail for not more than nine months, or both” in subd (a); (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 “subdivision (e) of Section 12022.7 of the Penal Code, to, or death of, any person,” for “subdivision (d) of Section 42400.2, to the health or safety of a considerable number of persons or the public”; (e) substituting “subject to a fine of not more than one hundred thousand dollars ($100,000) or imprisonment in the county jail for not more than one year,” for “punishable as provided in subdivision (a)”; and (3) deleted subd (d) which read: “(d) The recovery of civil penalties pursuant to Section 42402, 42402.1, 42402.2, or 42402.3 precludes prosecution pursuant to this section for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense.”

2001 Amendment: (1) Amended subd (a) by (a) substituting “punishable by” for “subject to”; (b) substituting “a county” for “the county”; (c) substituting “by both that fine and imprisonment” for “both”; (2) amended subd (b) by (a) deleting “subdivision (e) of” after “as defined by”; (b) substituting “punishable by” for “subject to”; (c) added the comma after “($250,000)”; (d) substituting “a county” for “the county”; and (e) substituting “by both that fine and imprisonment” for “both”.

Collateral References: Witkin & Epstein, Criminal Law (3d ed), Crimes Against Public Peace and Welfare § 365.

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