Penalties

Cal. HSC § 42400.2

California Statutes

(

a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a 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 and is punishable by a fine of not more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (

b) For purposes of this section, “corrective action” means the termination of the emission violation or the grant of a variance from the applicable order, rule, regulation, or permit pursuant to

Article 2 (commencing with

Section 42350). If a district regulation regarding process upsets or equipment breakdowns would allow continued operation of equipment which is emitting air contaminants in excess of allowable limits, compliance with that regulation is deemed to be corrective action. (

c) Any person who owns or operates any source of air contaminants in violation of

Section that causes great bodily injury, as defined by

Section 12022.7 of the Penal Code, to, or death of, any person, 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 and is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (

d) Each day during any portion of which a violation occurs constitutes a separate offense.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 42400.2
Date2002-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC42400.2.200185412

Penalties

Cal. HSC § 42400.2

California Statutes

Penalties

Cal. HSC § 42400.2

California Statutes

(

a) Any person who emits an air contaminant in violation of any provision of this part, or any order, rule, regulation, or permit of the state board or of a 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 and is punishable by a fine of not more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (

b) For purposes of this section, “corrective action” means the termination of the emission violation or the grant of a variance from the applicable order, rule, regulation, or permit pursuant to

Article 2 (commencing with

Section 42350). If a district regulation regarding process upsets or equipment breakdowns would allow continued operation of equipment which is emitting air contaminants in excess of allowable limits, compliance with that regulation is deemed to be corrective action. (

c) Any person who owns or operates any source of air contaminants in violation of

Section that causes great bodily injury, as defined by

Section 12022.7 of the Penal Code, to, or death of, any person, 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 and is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (

d) Each day during any portion of which a violation occurs constitutes a separate offense.

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 42400.2
Date2002-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC42400.2.200185412
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