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HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

Article 3 Penalties

§ 42400.2. Failure to take corrective actions; Falsification of documents; Criminal sanctions

(a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a district pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is punishable by a fine of not more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

(b) For purposes of this section, “corrective action” means the termination of the emission violation or the grant of a variance from the applicable order, rule, regulation, or permit pursuant to Article 2 (commencing with Section 42350). If a district regulation regarding process upsets or equipment breakdowns would allow continued operation of equipment which is emitting air contaminants in excess of allowable limits, compliance with that regulation is deemed to be corrective action.

(c) Any person who owns or operates any source of air contaminants 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, and who knew of the emission and failed to take corrective action within a reasonable period of time under the circumstances, is guilty of a misdemeanor and is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

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

Added Stats 1986 ch 1453 § 3. Amended Stats 1992 ch 1252 § 4 (AB 1572); Stats 1996 ch 775 § 2 (AB 2937); Stats 2000 ch 805 § 5 (SB 1865); Stats 2001 ch 854 § 12 (SB 205).

Amendments:

1992 Amendment: (1) Substituted “regulation, or permit” for “or regulation” after “order, rule,” in subds (a) and (b); (2) added subdivision designation (b); (3) redesignated former subds (b)-(e) to be subds (c)-(f); (4) added “permit,” after “regulation,” in subd (c); and (5) substituted “Section 42402, 42402.1, 42402.2, or 42402.3” for Section 42402, 42402.1, or 42402.2,” in subd (f).

1996 Amendment: Added “notice to comply,” after “regulation, permit,” in subd (c).

2000 Amendment: (1) Substituted “forty thousand dollars ($40,000)” for “twenty-five thousand dollars ($25,000)” in subd (a); (2) deleted subd (c) which read: “(c) Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, notice to comply, or order of the state board or of a district, is guilty of a misdemeanor and is punishable as provided in subdivision (a).”; (3) redesignated former subd (d) to be subd (c); (4) amended subd (c) by (a) deleting the subdivision (1) designation; (b) substituting “that causes great bodily injury, as defined by subdivision (e) of Section 12022.7 of the Penal Code, to, or death of, any person,” for “whkich causes actual injury to the health or safety of a considerable number of persons or the public,”; (c) substituting “subject to a fine of not more than two hundred fity thousand dollars ($250,000) or imprisonment in the county jail for not more than one year, or both” for “punishable as provided in subdivision (a)”; (d) deleting subd (2) which read: “(2) as used in this subdivision, ‘actual injury’ means any physical injury which, in the opinion of a licsned physician and surgeon, requires medical treatment involving more than a physical examination.”; (5) redesignated former subd (e to be subd (d); and (6) deleted subd (f) which read: “(f) 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 (c) by (a) deleting “subdivision (e) of” after “as defined by”; (b) substituting “punishable by” for “subject to”; (c) adding the comma after ($250,000)”; (d) substituting “a county” for “the county”; and (e) substituting “by both that fine and imprisonment” for “both”.

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