NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT

RULE 520 - CIVIL PENALTIES

  1. Except as otherwise provided in Rule 520(b)(c), any person who violates Section 41700 or 41701 of the California Health and Safety Code, or any rule or regulation of the District, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day in which such violation occurs. (H&S 42402)

  2. 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 shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each day in which such violation occurs. (H&S 42402.1)

  3. 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, and who knew of the emission and failed to take corrective action within a reasonable period of time, or which causes actual injury to the health or safety of a considerable number of persons or the public, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs. (H&S 42402.2)

  4. Any person who intentionally or negligently violates any order for abatement issued by the district board or hearing board pursuant to Rule 510(a)(b)(c), shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs. (H&S 42401)

  5. The civil penalties prescribed in Rule 520 (a) & (b)(c)(d) shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for the district in which the violation occurs in any court of competent jurisdiction. In determining such amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, taken by the defendant.