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HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

Article 3 Penalties

§ 42400.3. Knowing violations; Penalties

(a) Any person who willfully and intentionally 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 seventy-five thousand dollars ($75,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

(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 any unreasonable risk of great bodily injury to, or death of, any person, is guilty of a public offense and is punishable by a fine of not more than one hundred twenty-five thousand dollars ($125,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. However, if the defendant is a corporation, the maximum fine 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 to, or death of, any person is guilty of a public offense, 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 both that fine and imprisonment, or is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. If the defendant is a corporation, the maximum fine may be up to one million dollars ($1,000,000).

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

(e) This section does not preclude punishment under Section 189 or 192 of the Penal Code or any other provision of law that provides a more severe punishment.

(f) For the purposes of this section:

(1) “Great bodily injury” means great bodily injury as defined by Section 12022.7 of the Penal Code.

(2)

“Unreasonable risk of great bodily injury or death” means substantial probability of great bodily injury or death.

Added Stats 1992 ch 1252 § 5 (AB 1572). Amended Stats 1993 ch 1166 § 13 (AB 2288); Stats 2000 ch 805 § 6 (SB 1865); Stats 2001 ch 854 § 13 (SB 205); Stats 2011 ch 15 § 196 (AB 109), effective April 4, 2011, operative October 1, 2011.

Amendments:

1993 Amendment: (1) Substituted “rule, regulation, permit, or order” for “order, rule, regulation, or permit” after “part, or any” in subd (a); and (2) added subd (c).

2000 Amendment: (1) Substituted “seventy-five thousand dollars ($75,000),” for “fifty thousand dollars ($50,000)” in subd (a); (2) substituted subd (b) for former subd (b) which read: “(b) 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.”; (3) added subd (c); (4) redesignated former subd (c) to be subd (d); and (5) added subds (e) and (f).

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 the first sentence of subd (b) by (a) deleting “subdivision (e) of” after “defined by”; (b) substituting “punishable by” for “subject to”; (c) adding a comma after ($125,000)”; (d) substituting “a county” for “the county”; (e) substituting “by both that fine and imprisonment” for “both”; (3) amended the first sentence of subd (c) by (a) deleting “subdivision (e) of” after “defined by”; (b) deleting the comma after “person”; (c) substituting “punishable by” for “subject to”; (d) adding the comma after ($250,000); (e) substituting “a county” for “the county”; (f) substituting “both that fine and imprisonment” for “both”; (g) substituting “punishable by” for “subject to”; (h) adding a comma after “($250,000)”; (i) substituting “by both that fine and imprisonment” for “both”; and (4) deleted “subdivision (e) of” after “defined by” in subd (f)(1).

2011 Amendment: (1) Substituted “pursuant to subdivision (h) of Section 1170 of the Penal Code” for “in the state prison” in the first sentence of subd (c); (2) deleted former subd (f)(2) which read: “(2) ‘Imprisonment in state prison’ means imprisonment in the state prison for 16 months, or two or three years.”; and (3) redesignated former subd (f)(3) to be subd (f)(2).

Note- Stats 1993 ch 1166 also 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.

Stats 2011 ch 15 provides:

SECTION 1. This act is titled and may be cited as the 2011 Realignment Legislation addressing public safety.

Stats 2011 ch 15 § 636, as amended by Stats 2011 ch 39 § 68, provides:

SEC. 636. This act will become operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.

Editor's Notes- The Community Corrections Grant Program referred to in Stats 2011 ch 15 § 636, as amended by Stats 2011 ch 39 § 68, was created by Stats 2011 ch 40 § 3, operative October 1, 2011.

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