CHAPTER 4. Enforcement

Chapter 4 added by Stats. 1975, Ch. 957.

§§ 42300–42454 · 126 sections

1. ARTICLE 1. Permits §§ 42300–42316 · 44 sections

   • § 42300 (a) Every district board may establish, by regulation, a permit system that requires, except as otherwise provided in Section 42310, that before any person…
   • § 42300.1 (a) A district board may issue a consolidated permit which serves as (1) authority to build, erect, alter, or replace an article, machine, equipment, or…
   • § 42300.2 A district may establish a program to certify private environmental professionals to prepare permit applications. The program shall provide for all of the…
   • § 42301 A permit system established pursuant to Section 42300 shall do all of the following: (a) Ensure that the article, machine, equipment, or contrivance for which…
   • § 42301.1 Whenever necessary and appropriate to ensure compliance with all applicable conditions prior to issuance of a permit to operate an article, machine, equipment,…
   • § 42301.2 A district shall not require emission offsets for any emission increase at a source that results from the installation, operation, or other implementation of…
   • § 42301.3 (a) It is the intent of the Legislature that districts expedite permits for the installation of air pollution control equipment. (b) (1) This section applies…
   • § 42301.5 (a) Any article, machine, equipment, or contrivance that may emit into the ambient air any toxic air contaminant identified pursuant to Section 39662 shall…
   • § 42301.6 (a) Prior to approving an application for a permit to construct or modify a source that emits hazardous air emissions, and that source is located within 1,000…
   • § 42301.7 (a) If the air pollution control officer determines there is a reasonably foreseeable threat of a release of an air contaminant from a source within 1,000 feet…
   • § 42301.8 Upon receiving a request, for good cause, from the principal or an authorized representative of the principal of a school, the district shall, within 24 hours,…
   • § 42301.9 For the purposes of Sections 42301.5 to 42301.8, inclusive: (a) “School” means any public or private school used for purposes of the education of more than 12…
   • § 42301.10 In any district that has a permit system established pursuant to Section 42300, the air pollution control officer may include, in any permit issued to a Title…
   • § 42301.11 It is the intent of the Legislature that, in addition to their responsibilities and obligations under state and federal law, in implementing Title V, districts…
   • § 42301.12 (a) Any district permit system or permit provision established by a district board to meet the requirements of Title V shall, consistent with federal law,…
   • § 42301.13 (a) Notwithstanding any other provision of law, a district shall not require, as part of its permit system or otherwise, that any form of emission offset or…
   • § 42301.15 Each district shall adopt an expedited program for the permitting of standby electrical generation facilities, distributed generation facilities, geothermal…
   • § 42301.16 (a) In addition to complying with the requirements of this chapter, a permit system established by a district pursuant to Section 42300 shall ensure that any…
   • § 42301.17 (a) A district may adopt by regulation a program under which the district does not require a permit to be obtained by an agricultural source of air pollution…
   • § 42301.18 (a) Any agricultural source that existed prior to January 1, 2004, that becomes subject to a permit requirement pursuant to a district rule or regulation that…
   • § 42302 An applicant for a permit that has been denied may request, within 30 days after receipt of the notice of the denial, the hearing board of the district to hold…
   • § 42302.1 Within 30 days of any decision or action pertaining to the issuance of a permit by a district, or within 30 days after mailing of the notice of issuance of the…
   • § 42303 An air pollution control officer, at any time, may require from an applicant for, or the holder of, any permit provided for by the regulations of the district…
   • § 42303.2 (a) (1) An air pollution control officer, at any time, may, for the purpose of permitting or enforcement actions, require from the in-state or out-of-state…
   • § 42303.5 No person shall knowingly make any false statement in any application for a permit, or in any information, analyses, plans, or specifications submitted in…
   • § 42304 If, within a reasonable time, the holder of any permit issued by a district board willfully fails and refuses to furnish the information, analyses, plans, or…
   • § 42305 The air pollution control officer shall reinstate a suspended permit when furnished with all the requested information, analyses, plans, and specifications.
   • § 42306 Within 10 days after receipt of the notice of suspension pursuant to Section 42304, the permittee may request the hearing board of the district to hold a…
   • § 42307 An air pollution control officer may request the hearing board of the district to hold a hearing to determine whether a permit should be revoked, if he finds…
   • § 42308 Within 30 days after a hearing has been requested pursuant to Section 42302, 42306, or 42307, the hearing board shall hold a hearing pursuant to Chapter 8…
   • § 42309 After a hearing, the hearing board may do any of the following: (a) Grant a permit denied by the air pollution control officer. (b) Continue the suspension of…
   • § 42310 (a) A permit shall not be required for any of the following: (1) Any vehicle. (2) Any structure designed for and used exclusively as a dwelling for not more…
   • § 42310.5 (a) Notwithstanding any provision of any district permit system, including the south coast district permit system, any permit issued for the operation of…
   • § 42311 (a) A district board may adopt, by regulation, a schedule of annual fees for the evaluation, issuance, and renewal of permits to cover the cost of district…
   • § 42311.2 (a) Notwithstanding Section 42311, a district shall not adopt or impose fees that exceed actual district administrative costs for processing or enforcing…
   • § 42311.5 A district board may increase its fee schedule adopted under Section 42311 to generate sufficient revenues to pay for any district costs associated with the…
   • § 42312 To aid in administering its permit system, a district board may contract with any county or city included, in whole or in part, within the district, and any…
   • § 42313 Except in the case of a contract entered into between a county district and the county, a contract entered into pursuant to Section 42312 may provide that fees…
   • § 42314 (a) Notwithstanding any other provision of any district permit system, and except as provided in this section, no district shall require emissions offsets for…
   • § 42314.1 (a) Except as provided in subdivision (b), to the extent permissible under federal law, and notwithstanding any state or local new source review or prevention…
   • § 42314.2 (a) The time limits established under Sections 65950, 65950.1, and 65952 of the Government Code for approval or disapproval of development projects may be…
   • § 42314.5 In considering a permit for a facility that utilizes agricultural waste products, forest waste products, or similar organic wastes as biomass fuel in a steam…
   • § 42315 (a) No district shall issue or renew a permit for the construction of, renew a permit for the operation of, or issue a determination of compliance for, any…
   • § 42316 (a) The Great Basin Air Pollution Control District may require the City of Los Angeles to undertake reasonable measures, including studies, to mitigate the air…
2. ARTICLE 1.3. Air Pollution Permit Streamlining Act §§ 42320–42323 · 5 sections

   • § 42320 This article shall be known, and may be cited, as the Air Pollution Permit Streamlining Act of 1992.
   • § 42321 The Legislature finds and declares as follows: (a) California’s air pollution control programs have been among the most successful efforts in the country to…
   • § 42322 (a) Every district shall establish, by regulation, a program to provide for the expedited review of permits issued pursuant to Article 1 (commencing with…
   • § 42322.5 Districts with a population of more than 500,000 persons shall additionally implement the following permit streamlining measures: (a) Upon a permit applicant’s…
   • § 42323 (a) For purposes of subdivision (b), “small business stationary source” means a source which meets all of the following criteria: (1) The source is owned or…
3. ARTICLE 1.5. District Review of a Permit Applicant’s Compliance History §§ 42330–42339 · 10 sections

   • § 42330 The Legislature finds and declares that the effective regulation of air pollution emissions requires that permit applicants who have a demonstrated recurring…
   • § 42331 (a) Prior to issuing a permit pursuant to Article 1 (commencing with Section 42300), the air pollution control officer may review the compliance history of the…
   • § 42332 (a) Prior to renewing a permit, an air pollution control officer may review the compliance history of the source in question at the facility, as shown in…
   • § 42333 (a) An air pollution control officer may, pursuant to this article, deny a permit, refuse to renew a permit, or specify additional permit conditions to ensure…
   • § 42334 If, in the course of enforcing existing permits and conducting inspections relative thereto, an air pollution control officer makes a preliminary determination…
   • § 42335 A permit denied pursuant to Section 42333 shall be set aside by the hearing board under either of the following conditions: (a) The applicant proves that…
   • § 42336 In addition to any other information required to be submitted, an applicant for a permit to construct or a permit to operate which involves a change of…
   • § 42337 Any public notice provided by the district concerning the issuance of a permit to an applicant shall include, in addition to a description of the proposed…
   • § 42338 Nothing in this article limits the existing authority of the district.
   • § 42339 This article does not apply to nuisance complaints based on odor emissions.
4. ARTICLE 2. Variances §§ 42350–42364 · 19 sections

   • § 42350 (a) Any person may apply to the hearing board for a variance from Section 41701 or from the rules and regulations of the district. (b) (1) If the district…
   • § 42350.5 Any form developed by a district board for use in filing an application for a variance shall contain a notice to small businesses of the availability of…
   • § 42351 (a) Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the hearing board on…
   • § 42351.5 If a person granted a variance with a schedule of increments of progress files an application for modification of the schedule and is unable to notify the…
   • § 42352 (a) No variance shall be granted unless the hearing board makes all of the following findings: (1) That the petitioner for a variance is, or will be, in…
   • § 42352.5 (a) The hearing board, in determining whether or not the petitioner has presented evidence sufficient to make the finding specified in paragraph (2) of…
   • § 42353 Upon making the specific findings set forth in Section 42352, the hearing board shall prescribe requirements other than those imposed by statute or by any…
   • § 42354 In prescribing other and different requirements, in accordance with Section 42353, the hearing board, insofar as is consonant with the Legislature’s…
   • § 42355 (a) The hearing board may require, as a condition of granting a variance, that a bond be posted by the party to whom the variance was granted to assure…
   • § 42356 The hearing board may modify or revoke, by written order, any order permitting a variance.
   • § 42357 The hearing board may review and for good cause, such as a change in the availability of materials, equipment, or adequate technology, modify a schedule of…
   • § 42358 (a) The hearing board, in making any order permitting a variance, shall specify the time during which such order shall be effective, in no event, except as…
   • § 42359 Except in the case of an emergency, as determined by the hearing board, the hearing board shall hold a hearing pursuant to Chapter 8 (commencing with Section…
   • § 42359.5 (a) Notwithstanding any other provision of this article or of Article 2 (commencing with Section 40820) of Chapter 8 of Part 3, the chairman of a district…
   • § 42360 Within 30 days of any order granting, modifying, or otherwise affecting a variance by the hearing board, or a member thereof pursuant to Section 42359. 5,…
   • § 42361 Any variance granted by the hearing board of a county district or a unified district, or any member of such a hearing board pursuant to Section 42359.5,…
   • § 42362 The state board may revoke or modify any variance granted by any district if, in its judgment, the variance does not require compliance with a required…
   • § 42363 Prior to revoking or modifying a variance pursuant to Section 42362, the state board shall conduct a hearing pursuant to Chapter 8 (commencing with Section…
   • § 42364 (a) The district board may adopt, by regulation, a schedule of fees which will yield a sum not exceeding the estimated cost of the administration of this…
5. ARTICLE 2.5. Product Variances §§ 42365–42372 · 8 sections

   • § 42365 Any person who manufactures a product may petition the hearing board for a product variance from a rule or regulation of the district pursuant to this article.
   • § 42366 A product variance is only available if, to provide effective relief, the variance is required to be granted for, and attached to, a particular product, as…
   • § 42367 No product variance shall be granted pursuant to this article from a requirement for a permit to build, erect, alter, or replace any article, machine,…
   • § 42368 (a) No product variance shall be granted unless the hearing board makes all of the following findings: (1) The manufacture, distribution, offering for sale,…
   • § 42369 (a) No product variance shall be granted if the use of the product under the variance will result in a violation of Section 41700. (b) No emergency product…
   • § 42370 If the product variance is granted and the product is in compliance with subdivisions (b) and (d) of Section 42368, the petitioner may manufacture, and any…
   • § 42371 Sections 42350.5, 42351, 42351.5, 42352.5, 42354 to 42357, inclusive, 42359, and 42362 to 42364, inclusive, shall apply to the granting of product variances…
   • § 42372 (a) The hearing board, in making any order permitting a product variance, shall specify the time during which the order shall be effective, which, except as…
6. ARTICLE 3. Penalties §§ 42400–42411 · 31 sections

   • § 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,…
   • § 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…
   • § 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…
   • § 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…
   • § 42400.3.5 (a) Any person who knowingly violates any rule, regulation, permit, order, fee requirement, or filing requirement of the state board or of a district,…
   • § 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…
   • § 42400.5 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…
   • § 42400.6 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…
   • § 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,…
   • § 42400.8 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…
   • § 42401 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 42402.4 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,…
   • § 42402.5 In addition to any civil and criminal penalties prescribed under this article, a district may impose administrative civil penalties for a violation of this…
   • § 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…
   • § 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…
   • § 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…
   • § 42404 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…
   • § 42404.5 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…
   • § 42405 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…
   • § 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…
   • § 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…
   • § 42406 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…
   • § 42407 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.
   • § 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…
   • § 42409 Every district shall publish in writing and make available to any interested party a list which describes potential violations subject to penalties under this…
   • § 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…
   • § 42411 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…
7. ARTICLE 3.5. Compliance Programs §§ 42420–42421 · 2 sections

   • § 42420 The Legislature hereby finds and declares as follows: (a) District enforcement programs should be prioritized to ensure that the imposition of civil and…
   • § 42421 Each district which has a population of one million or more shall establish a compliance program that shall consist of all of the following elements: (a)…
8. ARTICLE 4. Orders for Abatements §§ 42450–42454 · 7 sections

   • § 42450 The district board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any article,…
   • § 42450.1 This article applies to any order for abatement issued pursuant to a determination made under Section 42301.7.
   • § 42451 (a) On its own motion, or upon the motion of the district board or the air pollution control officer, the hearing board may, after notice and a hearing, issue…
   • § 42451.5 (a) The air pollution control officer may issue an interim order for abatement, pending a hearing pursuant to Section 42451, if the air pollution control…
   • § 42452 The order for abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be…
   • § 42453 A proceeding for mandatory or prohibitory injunction shall be brought by the district in the name of the people of the State of California in the superior…
   • § 42454 Proceedings under Section 42453 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure,…