EnforcementPenalties
Section § 42400
Section § 42400.1
This law explains the penalties for negligently releasing pollutants into the air. If someone carelessly emits an air contaminant against state or district rules, they commit a misdemeanor, facing fines up to $25,000 and/or up to nine months in jail.
If this negligent emission causes serious injury or death, the penalties increase to fines up to $100,000 and/or up to one year in jail. Each day the violation occurs counts as a separate offense, meaning penalties can add up for ongoing violations.
Section § 42400.2
If someone intentionally releases air pollutants and knows they are breaking emission rules, but doesn't fix the problem quickly, they could face charges. They might have to pay a fine up to $40,000, spend up to a year in jail, or both. To 'fix' the problem, they need to stop the emission issue or get official permission to operate under certain rules.
If the pollution caused severe injury or death and they knew about it but didn't act, the fine can be up to $250,000, alongside possible jail time. Each day the problem continues counts as a new violation.
Section § 42400.3
This law states that if someone deliberately emits air contaminants against the rules, they can face fines up to $75,000 and possible jail time. If the emission risks serious injury or death, the person could face fines up to $125,000 or, if the person is a corporation, up to $500,000, along with jail time. If the emission actually causes serious injury or death, the fines could go up to $250,000, or $1,000,000 for corporations, and include imprisonment. Each day a violation happens counts as a separate offense. Other severe laws might also apply, leading to harsher punishments. Definitions for 'great bodily injury' and 'unreasonable risk' are provided based on their meanings in related laws.
Section § 42400.3
This law makes it a misdemeanor for anyone who knowingly breaks rules or requirements concerning toxic air contaminants, which are rules set by the state board or local districts. Such violations can lead to a fine up to $10,000, or up to six months in jail, or both.
If a person knowingly makes false statements or alters monitoring devices related to toxic air contaminant regulations, they can face higher penalties, including a fine of up to $35,000 and up to nine months in jail.
The law also punishes those who knowingly falsify documents with the intent to deceive. These rules apply only to violations not already subject to higher fines under related sections.
Section § 42400.4
If a district in California has a Title V permit program approved by the EPA, it's a misdemeanor if someone knowingly violates permit conditions or fee requirements, and they can be fined up to $10,000.
It's also a misdemeanor, with the same fine, if someone knowingly makes false statements in required reports or tampers with monitoring devices.
However, if civil penalties are already pursued and won for a violation, criminal prosecution for the same offense under this section can't occur.
Each day a violation happens is counted as a separate offense.
This law only kicks in when the EPA fully approves the district's permit program and doesn't apply if other rules already impose a $10,000 fine or more for the violation.
Section § 42400.5
If someone illegally sets an open outdoor fire, they not only face penalties but may also have to pay the costs to extinguish the fire.
Section § 42400.6
This law means that if a person faces a fine or penalty for certain environmental violations in California, and their actions might also breach laws related to unfair business practices, then the penalty can be pursued under either environmental laws or business practice laws, but not both.
Section § 42400.7
This law section outlines how civil penalties and criminal prosecution are managed when the same violation occurs under specific environmental sections. If a district seeks civil penalties under certain sections of the Health and Safety Code, it stops criminal prosecution for the same offense under other sections. Conversely, filing a criminal charge requires dismissing a civil action for the same offense unless the civil case includes a request for injunctive relief, in which case that part continues.
Section § 42400.8
This section explains how courts should determine the size of fines for certain violations related to environmental laws. They must consider several factors, such as the harm caused, how long and often the violation occurred, and the defendant's history of similar actions. Other considerations include the effectiveness of any preventive measures used, efforts made to fix the problem, and the financial impact on the defendant. Additionally, any other relevant details that the court finds important can influence the fine.
Section § 42401
This law states that if a person either intentionally or carelessly violates an official order to stop or correct something harmful, they can be fined up to $25,000 for each day the violation continues. These orders can be issued by different boards, including local district boards, hearing boards, or the state board.
Section § 42402
This law sets penalties for violations related to air quality regulations. Generally, if you break these rules, you can be fined up to $5,000. However, if the violation is more serious, you might face a fine of up to $10,000 per day. But, you won't be fined more than $5,000 per day if you can prove the violation wasn't intentional or due to negligence, unless the violation involves specific federal or emissions cap restrictions. Also, if the air pollution you cause harms many people's health, you could be fined up to $15,000. Each day you break the law counts as a separate offense.
Section § 42402.1
This law says that if someone carelessly lets out air pollution against the rules, they could be fined up to $25,000. If that pollution seriously hurts or kills someone, the fine can go up to $100,000. Plus, each day the pollution happens counts as a separate violation, meaning more potential fines.
Section § 42402.2
If someone emits air pollution and knew about it, but didn't fix it in a reasonable time, they could face a fine of up to $40,000. This applies if they're violating any rules about air emissions. If the pollution causes serious injury or death, the fine could be as much as $250,000. Each day the violation continues is considered a separate offense, meaning the fines can add up for multiple days of violation.
Section § 42402.3
This law states that anyone who willfully and intentionally releases an air contaminant in violation of air quality rules or permits may face a civil fine up to $75,000.
If that violation involves reckless disregard for the risk of significant injury or death, the penalty can increase to $125,000, or up to $500,000 for corporations.
If the action actually causes significant injury or death, penalties can rise to $250,000 for individuals and $1,000,000 for corporations.
Each day a violation occurs is considered a separate offense, potentially increasing penalties.
Section § 42402.4
If someone intentionally and knowingly falsifies any required document under this environmental law, or its related rules, regulations, permits, or orders, they could face a civil penalty of up to $35,000.
Section § 42402.5
A district in California can impose extra penalties for violating air quality rules, on top of other penalties. These extra penalties can be up to $500 per violation, as long as the district has set up rules for how these penalties are applied. But, districts can still negotiate settlements that might go beyond the $500 limit if allowed by other laws.
Section § 42402.6
This law allows penalties for certain air pollution violations to be tripled if the pollution comes from a Title V source and includes specific harmful air pollutants. A Title V source is generally a large facility or industrial operation. When deciding the penalties, factors like health impacts on the community and how promptly and accurately the violator reported the issue will be considered.
Section § 42403
This law explains how civil penalties for certain environmental violations in California are handled. If someone violates specific air quality regulations, the fines or penalties they face are decided through a civil lawsuit. The lawsuit can be filed by the Attorney General, a district attorney, or a district attorney's representative.
When deciding how much someone should pay, the court or the people involved in a settlement have to consider various factors. These include looking at how bad the harm was, how often it happened, how long it went on, and whether the violator has a history of breaking the rules. They also consider how well maintenance was done, if the control equipment used was new or untested, and what efforts the violator made to clean up or fix the problem. Lastly, they take into account how much the penalty will cost the person who has to pay it.
Section § 42403.5
If a diesel bus engine is left idling and violates certain air quality rules, the bus owner can be fined. These fines can be pursued by the Attorney General or local attorneys in court. However, the owner won't be fined if they can prove that the benefits to passengers from idling outweigh any harm caused.
Section § 42404
Section § 42404.5
This law states that if someone is going to take legal action related to the offenses mentioned in another section (Section 42403), the countdown for the deadline to file that action doesn't start until the offense is discovered or reasonably could have been discovered. Basically, you're not penalized for time you didn't know about the offense.
Section § 42405
This law explains how penalties collected from certain legal actions are distributed. When the Attorney General brings a case for a district, the penalty is split: half goes to the district's treasurer and half to the State General Fund. If the case is brought by the Attorney General for the state board, the entire penalty goes to the State General Fund. However, if a district attorney or a district's attorney brings the action, the entire penalty goes to the district's treasurer.
Section § 42405.1
This law allows people to earn a reward for providing information that leads to a civil penalty or criminal fine against someone violating mobile source emission regulations. The reward can be up to 10% of the penalty or fine, but no more than $5,000.
The reward isn't given if the violation was already known, unless the information significantly helps in imposing penalties. In case of multiple informants, the first to report gets the reward, or it's shared if reports are simultaneous.
Government employees cannot receive a reward unless the violation isn't related to their job duties, and employees of the violating business are generally not rewarded unless the business knew about the violation.
Districts must create rules to verify the accuracy of the information provided by informants and to handle reward claims. They must also publicize the availability of these rewards, and claims must be for referrals made since January 1, 1989.
Section § 42405.5
If a state or local government agency helps with investigating or managing a case to collect civil penalties, they should be paid back from the collected penalties for their expenses. This must be done in cooperation with the state board or district handling the case.
If the collected penalties aren't enough to cover all costs, the money should be divided among the involved parties based on their expenses.
This rule doesn't apply if there's already an agreement in place about who pays for what.
Section § 42406
This law section states that if a civil penalty is given for operating a vessel, the district can place a lien on that vessel. This means they have a legal claim to the vessel. To enforce this lien, they can take legal action under certain harbor and vessel laws, but they don't have to file any special paperwork usually required to attach the lien.
Section § 42407
This law section states that the rules in this article do not apply to vehicles unless specified exceptions are listed in other sections, like Chapter 3.4 starting at Section 39640, and Sections 40720 and 42403.5.
Section § 42408
If you mess with air monitoring equipment, either by touching it without permission or doing something that affects its operation, you’re committing a misdemeanor. This equipment is used by air pollution and air quality districts or the state.
Aside from being criminally liable, you could be sued to pay for any damages your actions cause. "Tampering" specifically refers to any unauthorized action that might make the data collected from this equipment invalid.
Section § 42409
This law requires every district to create a written list of potential violations that could result in penalties. This list must include the minimum and maximum penalties for each violation and be available to anyone who's interested.
Section § 42410
This law allows the state board to impose administrative penalties instead of civil penalties for certain violations, up to $10,000 per day and a maximum of $100,000 per case. It emphasizes that these penalties cannot be combined with civil penalties and should be administered through specific hearing procedures.
The board is not allowed to seek penalties it's not authorized to enforce, and if penalties are applied, they cannot rely on certain other penalty provisions. The board must consider various factors when deciding the penalty amount. The penalties are collected through administrative hearings, and if not challenged in court, the board can seek judgment from the Superior Court.
If both the state and district authorities have jurisdiction over a violation, the state board can only impose penalties if the district has not started enforcement. Penalties collected go to the General Fund, and any affected party can request court review of the final decision. This only applies to violations from January 1, 2002, onwards, with a report due by January 30, 2005, on penalties imposed from 2002 to 2005.
Section § 42411
This law states that starting from January 1, 2018, any maximum penalties given out by the state board or districts, according to this chapter, will increase each year. This increase is based on the California Consumer Price Index, which is calculated and reported by the Department of Industrial Relations.