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HEALTH AND SAFETY CODE

Division 26 Air Resources

Part 4 Nonvehicular Air Pollution Control

Chapter 4 Enforcement

Article 3 Penalties

§ 42402.2. Failure to take corrective action; Falsification of documents; Civil penalties

(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, including a district hearing board, pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty of not more than forty thousand dollars ($40,000).

(b) 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 any person or that causes the death of any person, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000).

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

Added Stats 1986 ch 1453 § 7. Amended Stats 1992 ch 1252 § 8 (AB 1572); Stats 2000 ch 805 § 12 (SB 1865); Stats 2001 ch 854 § 15 (SB 205).

Amendments:

1992 Amendment: (1) Amended subd (a) by (a) substituting “regulation, or permit” for “or regulation” after “any order, rule,”; and (b) adding “, as defined in subdivision (b) of Section 42400.2,” after “corrective action”; (2) deleted the former second paragraph of subd (a) which read: “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, or regulation 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.”; (3) added “permit,” after “regulation,” in subd (b); (4) amended subd (c) by (a) adding “, as defined in paragraph (2) of subdivision (d) of Section 42400.2,” after “actual injury”; and (b) substituting “subdivision (b) of Section 42400.2” for “subdivision (a)” after “as defined in”; and (5) deleted the former second paragraph of subd (c) which read: “As used in this subdivision, “actual injury” means any physical injury which, in the opinion of a licensed physician and surgeon, requires medical treatment involving more than a physical examination.”

2000 Amendment: (1) Amended subd (a) by (a) adding “district, including a”; (b) adding “hearing board,”; (c) deleting the comma after “for a civil penalty”; (d) substituting “forty thousand dollars ($40,000” for “twenty-five thousand dollars ($25,000)”; (2) deleted former subd (b) which read: “(b) 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, or order of the state board or of a district, is subject to the same civil penalty as provided in subdivision (a).”; (3) redesignated former subd (c) to be subd (b); (4) amended subd (b) by (a) substituting “that causes great bodily” for “which causes actual”; (b) 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 or safety of a considerable number of persons or the public,”; (c) substituting “liable for” for “subject to”; (d) substituting “not to exceed two hundred fifty thousand dollars ($250,000)” for “as provided in subdivision (a)”; and (5) redesignated former subd (d) to be subd (c).

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

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