§ 42402. — 42402. (Amended by Stats. 2018, Ch. 92, Sec. 143.)

California § 42402.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 26.: DIVISION 26. AIR RESOURCES
• Part 4.: PART 4. NONVEHICULAR AIR POLLUTION CONTROL
• Ch. 4.: CHAPTER 4. Enforcement
• Art. 3.: ARTICLE 3. Penalties

Text

(a)
Except as provided in Sections 42402.1, 42402.2, 42402.3, and 42402.4, any person who violates this part, any order issued pursuant to Section 42316, or any rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).
(b)
(1)
A person who violates any provision of this part, any order issued pursuant to Section 42316, or any rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4
(commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).
(2)
(A)
If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.
(B)
Subparagraph (A) does not apply to a violation of federally enforceable requirements that occur at a Title V source in a district in which a Title V permit program has been fully approved.
(C)
Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap
established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.
(c)
A person who owns or operates any source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).
(d)
Each day during any portion of which a violation occurs is a separate offense.

Legislative History

Amended by Stats. 2018, Ch. 92, Sec. 143. (SB 1289) Effective January 1, 2019.