Cal. Health and Safety Code § 42400.3 : California Health And Safety Code — Air Resources — Enforcement — Penalties — Willful and intentional emission of air contaminant

15 Sep 2016

Current through the 2016 Legislative Session

(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) 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) 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) Each day during any portion of which a violation occurs constitutes a separate offense.
(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) For the purposes of this section:
(1) "Great bodily injury" means great bodily injury as defined by Section 12022.7 of the Penal Code.
(2) "Unreasonable risk of great bodily injury or death" means substantial probability of great bodily injury or death.
Ca. Health and Saf. Code § 42400.3
Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.
Amended by Stats 2011 ch 15 (AB 109),s 196, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.
Amended by Stats 2000 ch 805 (SB 1865), s 6, eff. 1/1/01.
Amended by Stats 2001 ch 854 (SB 205), s 13, eff. 1/1/2002.