MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 520 - CIVIL PENALTIES

  1. Except as otherwise provided in Rule 520(b), (c), (d), (e), (f), (g), (h), (i), (j) and (k), any person who violates any order, permit, rule or regulation of the District or of the District's hearing Board, including any Airborne Toxic Control Measure of Regulation 3, shall be strictly liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day in which such violation occurs. (Health and Safety Code Sections 39674, 42402) [adopted September 8, 1992; amended April 6, 1993]
  2. Except as otherwise provided in Rule 520(a), (c), (d), (e), (f), (g), (h), (i), (j) and (k), any person who violates any order, permit, rule or regulation of the District or of the District's hearing Board, including any Airborne Toxic Control Measure of Regulation 3, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which such violation occurs. (Health and Safety Code Sections 39674, 42402) [adopted September 8, 1992; amended, renumbered April 6, 1993]
  3. Any person who negligently emits an air contaminant in violation of any rule, regulation or order of the state board or of the District pertaining to emission regulations or limitations, including any Airborne Toxic Control Measure of Regulation 3, shall be liable for a civil penalty of not more than fifteen thousand dollars ($15,000) for each day in which such violation occur, (Health and Safety Code Sections 39674, 42402.1). [adopted September 8, 1992; amended, renumbered April 6, 1993]
  4. Any person who owns or operates any source of air contaminants in violation of Health and Safety Code Section 41700 which causes actual injury to the health or safety of a considerable number of persons of the public is liable for a civil penalty of fifteen thousand dollars ($15,000). Each day in which a violation occurs is a separate offense, (Health and Safety Code Section 42402.1). [adopted April 6, 1993]
  5. Any person who emits an air contaminant in violation of any order, rule, or regulation of the state board or of the District pertaining to emission regulations or limitations, including any Airborne Toxic Control Measure of Regulation 3, and who knew of the emission and failed to take corrective action within a reasonable period of time, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs, (Health and Safety Code Sections 39675, 42402.2). [adopted September 8, 1992; amended, renumbered April 6, 1993]
  6. Any person who owns or operates any source of air contaminants in violation of Health and Safety Code Section 41700 which causes actual injury to the health or safety of a considerable number of persons of the public, and who knew of the emission and failed to take corrective action, is liable for a civil penalty of twenty-five thousand dollars ($25,000). Each day in which a violation occurs is a separate offense, (Health and Safety Code Section 42402.2). [adopted April 6, 1993]
  7. Any person who intentionally or negligently violates any order for abatement issued by the district board or hearing board pursuant to Health and Safety Code Sections 42450 - 42454 or Rule 510(a), or by the state board shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs, (Health and Safety Code Section 42401). [adopted September 8, 1992; renumbered April 6, 1993]
  8. Any person who willfully and intentionally emits an air contaminant in violation of any order, rule, or regulation of the District or of the state board, pertaining to emission limitations is liable for a civil penalty of not more than fifty thousand dollars ($50,000), (Health and Safety Code Section 42402.3). [adopted April 6, 1993]
  9. Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to the provisions Division 26 of the Health and Safety Code, or any rule, regulation, or order of the District, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs or the information remains uncorrected, (Health and Safety Code Section 42402.2). [adopted September 8, 1992; renumbered April 6, 1993]
  10. Any person who fails to submit any information, reports, or statements required by the Air Toxics "Hot Spots" Information and Assessment Act of 1987 ("the Act" -- Health and Safety Code TS Sections 44300 - 44384), or who otherwise fails to comply with any requirement of the Act or with any permit, rule, regulation or other requirement issued or adopted pursuant to the Act, is subject to a civil penalty of not less than five hundred dollars ($500.00) or more than ten thousand dollars ($10,000.00) for each day that the information, report, or statement is not submitted, or that the violation continues, (Health and Safety Code Section 44381(a)). [adopted September 8, 1992; renumbered April 6, 1993]
  11. Any person who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained or used for the purposes of compliance with the Air Toxics "Hot Spots" Information and Assessment Act of 1987 is subject to a civil penalty of not less than one thousand dollars ($1,000.00) or more than twenty-five thousand dollars ($25,000.00) for each day that the information remains uncorrected, (Health and Safety Code Section 44381(b)). [adopted September 8, 1992; renumbered April 6, 1993]
  12. The civil penalties prescribed in Rule 520 (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) shall be assessed and recovered as provided in Health and Safety Code Section 42403. Alternatively, the Air Pollution Control Officer is authorized to enter into a voluntary settlement in accordance with the District's Violation Settlement Guidelines, (Health and Safety Code Section 42403). [adopted September 8, 1992; amended, renumbered April 6, 1993]