Part 6ENFORCEMENT

Section § 38580

Explanation

This section empowers the state board to ensure that rules and regulations about emissions are being followed. Any violations of these rules can be legally stopped and are subject to penalties. Violating emissions rules will be treated as releasing air pollutants, which could lead to fines. The state board can determine the severity of violations by measuring how many days an infraction persists. Certain other penalty rules do not apply here.

(a)CA Health and Safety Code § 38580(a) The state board shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism adopted by the state board pursuant to this division.
(b)Copy CA Health and Safety Code § 38580(b)
(1)Copy CA Health and Safety Code § 38580(b)(1) Any violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this division may be enjoined pursuant to Section 41513, and the violation is subject to those penalties set forth in Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26.
(2)CA Health and Safety Code § 38580(b)(2) Any violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this division shall be deemed to result in an emission of an air contaminant for the purposes of the penalty provisions of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26.
(3)CA Health and Safety Code § 38580(b)(3) The state board may develop a method to convert a violation of any rule, regulation, order, emission limitation, or other emissions reduction measure adopted by the state board pursuant to this division into the number of days in violation, where appropriate, for the purposes of the penalty provisions of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26.
(c)CA Health and Safety Code § 38580(c) Section 42407 and subdivision (i) of Section 42410 shall not apply to this part.
emission compliance emission violations air contaminants fines penalty conversion state board enforcement market-based compliance emissions reduction regulation enforcement environmental violations air pollutant penalties legal consequences emissions monitoring environmental regulation state board authority
(Added by Stats. 2006, Ch. 488, Sec. 1. Effective January 1, 2007.)