Section § 42400

Explanation
This law states that if someone breaks air pollution rules, or a related permit or order, they can be charged with a misdemeanor, facing up to a $5,000 fine or six months in county jail, or both. If this violation happens because an employee or contractor failed to operate a vapor recovery system on a gasoline cargo tank, the violator is held responsible, not the employer, unless the employer is also at fault. Additionally, if air pollution from a source causes 'actual injury' to a significant number of people as determined by a physician, the owner/operator can face a $15,000 fine or nine months in jail, or both. Each day a violation continues counts as a separate offense. 'Actual injury' involves any physical harm needing more than just an exam.
(a)CA Health & Safety Code § 42400(a) Except as otherwise provided in Section 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4, any person who violates this part, or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is guilty of a misdemeanor and is subject to a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both.
(b)CA Health & Safety Code § 42400(b) If a violation under subdivision (a) with regard to the failure to operate a vapor recovery system on a gasoline cargo tank is directly caused by the actions of an employee under the supervision of, or of any independent contractor working for, any person subject to this part, the employee or independent contractor, as the case may be, causing the violation is guilty of a misdemeanor and is punishable as provided in subdivision (a). That liability shall not extend to the person employing the employee or retaining the independent contractor, unless that person is separately guilty of an action that violates this part.
(c)CA Health & Safety Code § 42400(c) Any person who owns or operates any source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d), to the health or safety of a considerable number of persons or the public is guilty of a misdemeanor and is subject to a fine of not more than fifteen thousand dollars ($15,000) or imprisonment in the county jail for not more than nine months, or both.
(d)CA Health & Safety Code § 42400(d) As used in this section, “actual injury” means any physical injury that, in the opinion of a licensed physician and surgeon, requires medical treatment involving more than a physical examination.
(e)CA Health & Safety Code § 42400(e) Each day during any portion of which a violation of subdivision (a) or (c) occurs is a separate offense.

Section § 42400.1

Explanation

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.

(a)CA Health & Safety Code § 42400.1(a)  Any person who negligently emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board or of a district pertaining to emission regulations or limitations is guilty of a misdemeanor and is punishable by a fine of not more than twenty-five thousand dollars ($25,000), or imprisonment in a county jail for not more than nine months, or by both that fine and imprisonment.
(b)CA Health & Safety Code § 42400.1(b)  Any person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, is guilty of a misdemeanor and is punishable by a fine of not more than one hundred thousand dollars ($100,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(c)CA Health & Safety Code § 42400.1(c)  Each day during any portion of which a violation occurs is a separate offense.

Section § 42400.2

Explanation

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.

(a)CA Health & Safety Code § 42400.2(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)CA Health & Safety Code § 42400.2(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)CA Health & Safety Code § 42400.2(c)  Any person who owns or operates any source of air contaminants in violation of Section 41700 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)CA Health & Safety Code § 42400.2(d)  Each day during any portion of which a violation occurs constitutes a separate offense.

Section § 42400.3

Explanation

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.

(a)CA Health & Safety Code § 42400.3(a)  Any person who willfully and intentionally emits an air contaminant in violation of any provision of this part or any rule, regulation, permit, or order of the state board or of a district, pertaining to emission regulations or limitations is guilty of a misdemeanor and is punishable by a fine of not more than seventy-five thousand dollars ($75,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(b)CA Health & Safety Code § 42400.3(b) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that results in any unreasonable risk of great bodily injury to, or death of, any person, is guilty of a public offense and is punishable by a fine of not more than one hundred twenty-five thousand dollars ($125,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. However, if the defendant is a corporation, the maximum fine may be up to five hundred thousand dollars ($500,000).
(c)CA Health & Safety Code § 42400.3(c) Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person emits an air contaminant in violation of Section 41700 that causes great bodily injury to, or death of, any person is guilty of a public offense, 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 both that fine and imprisonment, or is punishable by a fine of not more than two hundred fifty thousand dollars ($250,000), or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. If the defendant is a corporation, the maximum fine may be up to one million dollars ($1,000,000).
(d)CA Health & Safety Code § 42400.3(d) Each day during any portion of which a violation occurs constitutes a separate offense.
(e)CA Health & Safety Code § 42400.3(e) This section does not preclude punishment under Section 189 or 192 of the Penal Code or any other provision of law that provides a more severe punishment.
(f)CA Health & Safety Code § 42400.3(f) For the purposes of this section:
(1)CA Health & Safety Code § 42400.3(f)(1) “Great bodily injury” means great bodily injury as defined by Section 12022.7 of the Penal Code.
(2)CA Health & Safety Code § 42400.3(f)(2) “Unreasonable risk of great bodily injury or death” means substantial probability of great bodily injury or death.

Section § 42400.3

Explanation

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.

(a)CA Health & Safety Code § 42400.3(a)  Any person who knowingly violates any rule, regulation, permit, order, fee requirement, or filing requirement of the state board or of a district, including a district hearing board, that is adopted for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than six months, or both.
(b)CA Health & Safety Code § 42400.3(b)  Any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required by a rule or regulation adopted or permit issued for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, or who knowingly renders inaccurate any monitoring device required by that toxic air contaminant rule, regulation, or permit is subject to a fine of not more than thirty-five thousand dollars ($35,000) or imprisonment in the county jail for not more than nine months, or both.
(c)CA Health & Safety Code § 42400.3(c)  Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, notice to comply, or order of the state board or of a district, is punishable as provided in subdivision (b).
(d)CA Health & Safety Code § 42400.3(d)  Subdivisions (a) and (b) shall apply only to those violations that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3.

Section § 42400.4

Explanation

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.

(a)CA Health & Safety Code § 42400.4(a)  In any district where a Title V permit program has been fully approved by the federal Environmental Protection Agency, any person who knowingly violates any federally enforceable permit condition or any fee or filing requirement applicable to a Title V source is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000).
(b)CA Health & Safety Code § 42400.4(b)  In any district in which a Title V permit program has been fully approved by the federal Environmental Protection Agency, any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required of a Title V source of a federally enforceable permit requirement, or who knowingly renders inaccurate any monitoring device or method required of a Title V source, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000).
(c)CA Health & Safety Code § 42400.4(c)  The recovery of civil penalties pursuant to Section 42402, 42402.1, 42402.2, or 42402.3 precludes prosecution pursuant to this section for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense.
(d)CA Health & Safety Code § 42400.4(d)  Each day during any portion of which a violation of subdivision (a) or (b) occurs is a separate offense.
(e)CA Health & Safety Code § 42400.4(e)  This section shall not become operative in a district until the federal Environmental Protection Agency fully approves that district’s Title V permit program.
(f)CA Health & Safety Code § 42400.4(f)  This section applies only to violations described in subdivisions (a) and (b) that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3.

Section § 42400.5

Explanation

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.

In addition to the penalties, specified in Section 42400, the cost of putting out any unauthorized open outdoor fires may be imposed on any person violating Section 41800 or 41852.

Section § 42400.6

Explanation

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.

A fine or monetary penalty specified in Section 39674; subdivision (a), (b), (d), or (e) of Section 42400; Section 42402; or subdivision (a) of Section 44381 of this code, that may be imposed as the result of conduct that is also subject to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, may be collected either under those provisions of this code, or under that chapter of the Business and Professions Code, but not under both.

Section § 42400.7

Explanation

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.

(a)CA Health & Safety Code § 42400.7(a)  The recovery of civil penalties pursuant to Section 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, or 42402.4 precludes prosecution under Section 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4 for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense.
(b)CA Health & Safety Code § 42400.7(b)  If the pending civil action described in subdivision (a) includes a request for injunctive relief, that portion of the civil action shall not be dismissed upon the filing of a criminal complaint for the same offense.

Section § 42400.8

Explanation

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.

In determining the amount of fine to impose pursuant to Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4, the court shall consider all relevant circumstances, including, but not limited to, the following:
(a)CA Health & Safety Code § 42400.8(a)  The extent of harm caused by the violation.
(b)CA Health & Safety Code § 42400.8(b)  The nature and persistence of the violation.
(c)CA Health & Safety Code § 42400.8(c)  The length of time over which the violation occurs.
(d)CA Health & Safety Code § 42400.8(d)  The frequency of past violations.
(e)CA Health & Safety Code § 42400.8(e)  The record of maintenance.
(f)CA Health & Safety Code § 42400.8(f)  The unproven or innovative nature of the control equipment.
(g)CA Health & Safety Code § 42400.8(g)  Any action taken by the person including the nature, extent, and time of response of any cleanup and construction undertaken, to mitigate the violation.
(h)CA Health & Safety Code § 42400.8(h)  The financial burden on the defendant.
(i)CA Health & Safety Code § 42400.8(i)  Any other circumstances the court deems relevant.

Section § 42401

Explanation

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.

Any person who intentionally or negligently violates any order of abatement issued by a district pursuant to Section 42450, by a hearing board pursuant to Section 42451, or by the state board pursuant to Section 41505 is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs.

Section § 42402

Explanation

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.

(a)CA Health & Safety Code § 42402(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)Copy CA Health & Safety Code § 42402(b)
(1)Copy CA Health & Safety Code § 42402(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)Copy CA Health & Safety Code § 42402(b)(2)
(A)Copy CA Health & Safety Code § 42402(b)(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)CA Health & Safety Code § 42402(b)(2)(A)(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)CA Health & Safety Code § 42402(b)(2)(A)(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)CA Health & Safety Code § 42402(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)CA Health & Safety Code § 42402(d) Each day during any portion of which a violation occurs is a separate offense.

Section § 42402.1

Explanation

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.

(a)CA Health & Safety Code § 42402.1(a)  Any person who negligently emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, pertaining to emission regulations or limitations is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000).
(b)CA Health & Safety Code § 42402.1(b)  Any person who negligently emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, is liable for a civil penalty of not more than one hundred thousand dollars ($100,000).
(c)CA Health & Safety Code § 42402.1(c)  Each day during any portion of which a violation occurs is a separate offense.

Section § 42402.2

Explanation

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.

(a)CA Health & Safety Code § 42402.2(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, including a district hearing board, pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty of not more than forty thousand dollars ($40,000).
(b)CA Health & Safety Code § 42402.2(b)  Any person who owns or operates any source of air contaminants in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000).
(c)CA Health & Safety Code § 42402.2(c)  Each day during any portion of which a violation occurs is a separate offense.

Section § 42402.3

Explanation

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.

(a)CA Health & Safety Code § 42402.3(a)  Any person who willfully and intentionally emits an air contaminant in violation of this part or any rule, regulation, permit, or order of the state board, or of a district, including a district hearing board, pertaining to emission regulations or limitations, is liable for a civil penalty of not more than seventy-five thousand dollars ($75,000).
(b)CA Health & Safety Code § 42402.3(b)  Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that results in an unreasonable risk of great bodily injury to, or death of, any person, is liable for a civil penalty of not more than one hundred twenty-five thousand dollars ($125,000). If the violator is a corporation, the maximum penalty may be up to five hundred thousand dollars ($500,000).
(c)CA Health & Safety Code § 42402.3(c)  Any person who willfully and intentionally, or with reckless disregard for the risk of great bodily injury, as defined by Section 12022.7 of the Penal Code, to, or death of, any person, emits an air contaminant in violation of Section 41700 that causes great bodily injury, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000). If the violator is a corporation, the maximum penalty may be up to one million dollars ($1,000,000).
(d)CA Health & Safety Code § 42402.3(d)  Each day during any portion of which a violation occurs is a separate offense.

Section § 42402.4

Explanation

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.

Any person who knowingly and with intent to deceive, falsifies any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, or order of the state board or of a district, including a district hearing board, is liable for a civil penalty of not more than thirty-five thousand dollars ($35,000).

Section § 42402.5

Explanation

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.

In addition to any civil and criminal penalties prescribed under this article, a district may impose administrative civil penalties for a violation of this part, or any order, permit, rule, or regulation of the state board or of a district, including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, if the district board has adopted rules and regulations specifying procedures for the imposition and amounts of these penalties. No administrative civil penalty levied pursuant to this section may exceed five hundred dollars ($500) for each violation. However, nothing in this section is intended to restrict the authority of a district to negotiate mutual settlements under any other penalty provisions of law which exceed five hundred dollars ($500).

Section § 42402.6

Explanation

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.

(a)CA Health & Safety Code § 42402.6(a) Penalties prescribed pursuant to Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5 for violations may be multiplied by a factor of not more than three if both of the following occur:
(1)CA Health & Safety Code § 42402.6(a)(1) The emission is from a Title V source.
(2)CA Health & Safety Code § 42402.6(a)(2) The emission contains or includes one or more air contaminants, as identified by the state board pursuant to Section 39657, and as defined in Section 39013, or as listed in the Table of Standards pursuant to Section 70200 of Title 17 of the California Code of Regulations.
(b)CA Health & Safety Code § 42402.6(b) For purposes of this section, “source” means an establishment that is located on one or more contiguous or adjacent properties.
(c)CA Health & Safety Code § 42402.6(c) In assessing penalties, health impacts, community disruptions, the timeliness and accuracy of the notifications from the violator, and other circumstances related to the violation shall be considered, pursuant to Section 42403.

Section § 42403

Explanation

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.

(a)CA Health & Safety Code § 42403(a)  The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6 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 any district in which the violation occurs in any court of competent jurisdiction.
(b)CA Health & Safety Code § 42403(b)  In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following:
(1)CA Health & Safety Code § 42403(b)(1)  The extent of harm caused by the violation.
(2)CA Health & Safety Code § 42403(b)(2)  The nature and persistence of the violation.
(3)CA Health & Safety Code § 42403(b)(3)  The length of time over which the violation occurs.
(4)CA Health & Safety Code § 42403(b)(4)  The frequency of past violations.
(5)CA Health & Safety Code § 42403(b)(5)  The record of maintenance.
(6)CA Health & Safety Code § 42403(b)(6)  The unproven or innovative nature of the control equipment.
(7)CA Health & Safety Code § 42403(b)(7)  Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation.
(8)CA Health & Safety Code § 42403(b)(8)  The financial burden to the defendant.

Section § 42403.5

Explanation

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.

(a)CA Health & Safety Code § 42403.5(a)  Notwithstanding Section 42407, any violation of Section 41700 resulting from the engine of any diesel-powered bus while idling shall subject the owner to civil penalties assessed under this article, which may be recovered pursuant to Section 42403 by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction.
(b)CA Health & Safety Code § 42403.5(b)  There is no liability under subdivision (a) if the person accused of the violation establishes by affirmative defense that the extent of the harm caused does not exceed the benefit accrued to bus passengers as a result of idling the engine.

Section § 42404

Explanation
This law states that court cases for recovering civil penalties under Section 42403 must be prioritized over other civil cases, unless another law specifically gives those cases the same level of priority.
An action brought pursuant to Section 42403 to recover such civil penalties shall take special precedence over all other civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.

Section § 42404.5

Explanation

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.

Any limitation of time applicable to actions brought pursuant to Section 42403 shall not commence to run until the offense has been discovered, or could reasonably have been discovered.

Section § 42405

Explanation

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.

In an action brought pursuant to Section 42403 by the Attorney General on behalf of a district, one-half of the penalty collected shall be paid to the treasurer of the district on whose behalf judgment was entered, and one-half of the penalty collected shall be paid to the State Treasurer for deposit in the General Fund.
If the action is brought by the Attorney General on behalf of the state board, the entire penalty collected shall be paid to the State Treasurer for deposit in the General Fund.
If the action is brought by a district attorney or by an attorney for a district, the entire amount of the penalty collected shall be paid to the treasurer of the district on whose behalf judgment was entered.

Section § 42405.1

Explanation

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.

(a)CA Health & Safety Code § 42405.1(a)  Any person who provides information that materially contributes to the imposition of a civil penalty or criminal fine against any person for violating any provision of this part or any rule, regulation, or order of a district pertaining to mobile source emission regulations or limitations shall be paid a reward pursuant to regulations adopted by the district under subdivision (f). The reward shall not exceed 10 percent of the amount of the civil penalty or criminal fine collected by the district, district attorney, or city attorney. The district shall pay the reward to the person who provides information that results in the imposition of a civil penalty, and the city or the county shall pay the reward to the person who provides information that results in the imposition of a criminal fine. No reward paid pursuant to this subdivision shall exceed five thousand dollars ($5,000).
(b)CA Health & Safety Code § 42405.1(b)  No informant shall be eligible for a reward for a violation known to the district, unless the information materially contributes to the imposition of criminal or civil penalties for a violation specified in this section.
(c)CA Health & Safety Code § 42405.1(c)  If there is more than one informant for a single violation, the first notification received by the district shall be eligible for the reward. If the notifications are postmarked on the same day or telephoned notifications are received on the same day, the reward shall be divided equally among those informants.
(d)CA Health & Safety Code § 42405.1(d)  Public officers and employees of the United States, the State of California, or districts, counties, and cities in California are not eligible for the reward pursuant to subdivision (a), unless reporting of those violations does not relate in any manner to their responsibilities as public officers or employees.
(e)CA Health & Safety Code § 42405.1(e)  An informant who is an employee of a business and who provides information that the business violated this part is not eligible for a reward if the employee intentionally or negligently caused the violation or if the employee’s primary and regular responsibilities included investigating the violation, unless the business knowingly caused the violation.
(f)CA Health & Safety Code § 42405.1(f)  The district shall adopt regulations that establish procedures for a determination of the accuracy and validity of information provided and for the receipt and review of claims for payment of rewards. All decisions concerning the eligibility for a reward and the materiality of the provided information shall be made pursuant to these regulations. In each case brought under subdivision (a), the district, the office of the city attorney, or the district attorney, whichever office brings the action, shall determine whether the information materially contributed to the imposition of civil or criminal penalties for violating any provision of this part or any rule, regulation, or order of a district pertaining to emission regulations or limitations.
(g)CA Health & Safety Code § 42405.1(g)  The district shall continuously publicize the availability of the rewards pursuant to this section for persons who provide information pursuant to this section.
(h)CA Health & Safety Code § 42405.1(h)  Claims may be submitted only for those referrals made on or after January 1, 1989.

Section § 42405.5

Explanation

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.

(a)CA Health & Safety Code § 42405.5(a)  If any state or local government agency provides assistance in the investigation, data collection, or monitoring, preparation, or prosecution of an action to recover civil penalties pursuant to Section 42401, 42402, 42402.1, or 42402.2, and that assistance is provided in coordination with the state board or a district prosecuting the action, that agency shall be reimbursed out of the proceeds of the penalty collected for its costs and expenses incurred in providing the assistance.
(b)CA Health & Safety Code § 42405.5(b)  If the penalty collected is insufficient to fully reimburse the state board or district for the costs and expenses incurred in preparing and prosecuting the case and another agency or agencies for the costs and expenses incurred in assisting in the case, the amount collected shall be prorated among the state board or district and the assisting agency or agencies, on the basis of costs and expenses incurred by each.
(c)CA Health & Safety Code § 42405.5(c)  This section does not apply where there is an express agreement between the state board or district and another agency or agencies regarding reimbursement for assistance services and expenses.

Section § 42406

Explanation

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.

To secure a civil penalty imposed pursuant to this article on the operation of a vessel, the district shall have a lien on the vessel which may be recovered in an action against the vessel in accordance with the provisions of Article 3 (commencing with Section 490), Chapter 2, Division 3 of the Harbors and Navigation Code, except that no undertaking shall be required to be filed by the district board as a condition to the issuance of a writ of attachment.

Section § 42407

Explanation

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.

Except as provided in Chapter 3.4 (commencing with Section 39640) of Part 2 and Sections 40720 and 42403.5, this article is not applicable to vehicular sources.

Section § 42408

Explanation

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.

(a)CA Health & Safety Code § 42408(a)  Any person who tampers with any ambient air monitoring equipment, including related recording equipment, owned or operated by a county, unified or regional air pollution control district, air quality management district, or by the State of California, is guilty of a misdemeanor, and is liable in a civil action for damages caused by the tampering to the owner or operator of the equipment.
(b)CA Health & Safety Code § 42408(b)  For purposes of this section, “tampering” means any unauthorized, intentional touching or other conduct affecting the operational status of monitoring equipment which has the potential to invalidate data collected from the monitoring activity.

Section § 42409

Explanation

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.

Every district shall publish in writing and make available to any interested party a list which describes potential violations subject to penalties under this article . The list shall also include the minimum and maximum penalties for each violation which may be assessed by a district pursuant to this article.

Section § 42410

Explanation

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.

(a)CA Health & Safety Code § 42410(a)  As an alternative to seeking civil penalties under Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 for a violation of regulations of the state board, the state board may impose an administrative penalty, as specified in this section. Any administrative penalty imposed under this section shall be imposed as an alternative to, and not in addition to, a civil penalty imposed pursuant to this article. No administrative penalty imposed by the state board pursuant to this section shall exceed the amount that the state board is authorized to seek as a civil penalty for the applicable violation, and no administrative penalty imposed pursuant to this section shall exceed ten thousand dollars ($10,000) for each day in which there is a violation up to a maximum of one hundred thousand dollars ($100,000) per penalty assessment proceeding.
(b)CA Health & Safety Code § 42410(b)  Nothing in this section restricts the authority of the state board to negotiate mutual settlements under any other penalty provision of law that exceeds ten thousand dollars ($10,000) for each day in which there is a violation of one hundred thousand dollars ($100,000) per penalty assessment proceeding.
(c)CA Health & Safety Code § 42410(c)  The administrative penalties authorized by this section shall be imposed and recovered by the state board in administrative hearings established pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, except that the hearings shall be conducted by an administrative law judge appointed by the Office of Administrative Hearings.
(d)CA Health & Safety Code § 42410(d)  Nothing in this section authorizes the state board to seek penalties for categories of violations for which the state board may not recover penalties in a civil action.
(e)CA Health & Safety Code § 42410(e)  If the state board imposes any administrative penalties pursuant to this section, the state board may not bring any action pursuant to, or rely upon, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code.
(f)CA Health & Safety Code § 42410(f)  In determining the amount of any administrative penalty imposed pursuant to this section, the state board shall take into consideration all relevant circumstances, including, but not limited to, those factors specified in subdivision (b) of Section 42403.
(g)CA Health & Safety Code § 42410(g)  After an order imposing an administrative penalty becomes final pursuant to the hearing procedures identified in subdivision (c), and no petition for a writ of mandate has been filed within the time allotted for seeking judicial review of the order, the state board may apply to the Superior Court for the County of Sacramento for a judgment in the amount of the administrative penalty. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment.
(h)CA Health & Safety Code § 42410(h)  For any violation that is within the enforcement jurisdiction of both the state board and the districts, the state board may impose an administrative penalty pursuant to this section only if the district in which the violation has occurred has not commenced an enforcement action for that violation.
(i)CA Health & Safety Code § 42410(i)  This section is not intended, and shall not be construed, to grant the state board authority to assess an administrative penalty for any category of violation that was not subject to enforcement by the state board as of January 1, 2002.
(j)CA Health & Safety Code § 42410(j)  Any administrative penalty assessed pursuant to this section shall be paid to the State Treasurer for deposit in the General Fund.
(k)CA Health & Safety Code § 42410(k)  A party adversely affected by the final decision in the administrative hearing may seek independent judicial review by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure.
( l)  This section shall only apply to violations that occur on or after January 1, 2002.
(m)CA Health & Safety Code § 42410(m)  On or before January 30, 2005, the state board shall prepare and submit to the Legislature and the Governor a report summarizing the administrative penalties imposed by the state board pursuant to this section for calendar years 2002, 2003, 2004, and 2005.

Section § 42411

Explanation

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.

Notwithstanding any other law, maximum penalties assessed by the state board or a district pursuant to this chapter as of January 1, 2018, shall be increased annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.