NCUAQMD RULE 1-5-520 CIVIL PENALTIES          
LAST REVISED 11/11/11
          
          
          RULE 520 - CIVIL PENALTIES

          (a) 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)

          (b) 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)

          (c) 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)

          (d) 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)

          (e) 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.