Health & Saf. Code, § 42400.2 · Article 3. Penalties
Health & Saf. Code, § 42400.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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) 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) 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) Each day during any portion of which a violation occurs constitutes a separate offense.
Notes and commentary — not statutory text
History
Amended by Stats. 2001, Ch. 854, Sec. 12. Effective January 1, 2002.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=42400.2.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 7 provisions
Provisions in this library whose text cites Health & Saf. Code, § 42400.2. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 39675Printed as Sections 42400, 42400.1, 42400.2, and 42402.2
- Health & Saf. Code, § 42400Printed as Section 42400.1, 42400.2, 42400.3, 42400.3
- Health & Saf. Code, § 42400.3.5Printed as Section 42400.1, 42400.2, or 42400.3
- Health & Saf. Code, § 42400.4Printed as Section 42400.1, 42400.2, or 42400.3
- Health & Saf. Code, § 42400.7Printed as Section 42400, 42400.1, 42400.2, 42400.3, 42400.3
- Health & Saf. Code, § 42400.8Printed as Sections 42400, 42400.1, 42400.2, 42400.3, 42400.3
- Health & Saf. Code, § 42402.2Printed as Section 42400.2
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.