ARTICLE 3. Penalties

Article 3 added by Stats. 1975, Ch. 957.

§§ 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…