PLAAPCD RULE 803 PENALTIES
LAST REVISED 10/19/93
Adopted 05-24-77
(Revised 5-20-85, 10-19-93)
A. Pursuant to Section 42400 of the California Health and
Safety Code any person who violates any provision of any
order, permit, rule, or regulation of the State Board or of
the District, including the District Hearing Board, is
guilty of a misdemeanor punishable by imprisonment in the
County jail not exceeding six (6) months or by fine not
exceeding one thousand dollars ($1,000.00) or both. Each day
during any portion of which a violation occurs is a separate
offense.
B. Pursuant to Section 42400.1 of the California Health and
Safety Code any person who negligently emits an air
contaminant in violation of any provision of any rule,
regulation, permit, or order of the State Board or of the
District pertaining to emission regulations or limitations
is guilty of a misdemeanor punishable by imprisonment in the
County jail not exceeding six (9) months or by fine not
exceeding fifteen thousand dollars ($15,000.00) or both.
Each day during any portion of which a violation occurs is a
separate offense.
C. Pursuant to Section 42400.2 of the California Health and
Safety Code any person who negligently emits an air
contaminant in violation of any provision of any rule,
regulation, permit, or order 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 under the
circumstances, is guilty of a misdemeanor punishable by
imprisonment in the County jail not exceeding one year or by
fine not exceeding twenty-five thousand dollars ($25,000.00)
or both. Each day during any portion of which a violation
occurs is a separate offense.
D. Pursuant to Section 42400.3 of the California Health and
Safety Code any person who willfully and intentionally emits
an air contaminant in violation of any provision of any
rule, regulation, permit, or order of the State Board or of
the District pertaining to emission regulations or
limitations is guilty of a misdemeanor punishable by
imprisonment in the County jail not exceeding one year or by
fine not exceeding fifty thousand dollars ($50,000.00) or
both. Each day during any portion of which a violation
occurs is a separate offense.
E. In addition to the penalties specified in Subsections (A),
(B), and (C) the cost of putting out any unauthorized open
outdoor fires may be imposed on any person violating RULE
301 or 302.
F. Pursuant to Sections 42402 and 42403, et seq. of the
California Health and Safety Code any person who violates
any provision of any order, permit, rule, or regulation of
the State Board or of the District, including the District
Hearing Board, is liable for a civil penalty of not more
than one thousand dollars ($1,000.00). Each day during any
portion of which a violation occurs is a separate offense.
G. Pursuant to Sections 42403 and 42402.1 of the California
Health and Safety Code any person who negligently emits an
air contaminant in violation of any provision of any rule,
regulation, permit, or order of the State Board or of the
District pertaining to emission regulations or limitations
is liable for a civil penalty of not more than fifteen
thousand dollars ($15,000.00). Each day during any portion
of which a violation occurs is a separate offense.
H. Pursuant to Sections 42403 and 42402.2 of the California
Health and Safety Code any person who negligently emits an
air contaminant in violation of any provision of any rule,
regulation, permit, or order 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 under the
circumstances, is liable for a civil penalty of not more
than twenty-five thousand dollars ($25,000.00). Each day
during any portion of which a violation occurs is a separate
offense.
I. Pursuant to Sections 42403 and 42402.3 of the California
Health and Safety Code any person who willfully and
intentionally emits an air contaminant in violation of any
provision of any rule, regulation, permit, or order of the
State Board or of the District pertaining to emission
regulations or limitations is liable for a civil penalty of
not more than fifty thousand dollars ($50,000.00). Each day
during any portion of which a violation occurs is a separate
offense.
J. Every person who intentionally or negligently violates any
order for abatement issued by the District pursuant to
Section 42450 of the California Health and Safety Code, by
the District Hearing Board pursuant to Section 41450 of the
California Health and Safety Code, or by the State Board
pursuant to Section 41505 of the California Health and
Safety Code is liable for a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) for each day in
which the violation occurs.
K. Any person who violates a requirement of Title V of the
Federal Clean Air Act, as amended in 1990, or Rule 507,
FEDERAL OPERATING PERMIT PROGRAM, is subject to civil
penalties in a maximum amount of not less than ten thousand
dollars ($10,000.00) per day per violation. Criminal fines
shall be recoverable in a maximum amount of not less than
ten thousand dollars ($10,000.00) per day per violation.