Health & Saf. Code, § 42402.3 · Article 3. Penalties
Health & Saf. Code, § 42402.3
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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, or of a district, including a district hearing board, pertaining to emission regulations or limitations, is liable for a civil penalty of not more than seventy-five thousand dollars ($75,000).
(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 an unreasonable risk of great bodily injury to, or death of, any person, is liable for a civil penalty of not more than one hundred twenty-five thousand dollars ($125,000). If the violator is a corporation, the maximum penalty 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, as defined by Section 12022.7 of the Penal Code, to any person or that causes the death of any person, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000). If the violator is a corporation, the maximum penalty may be up to one million dollars ($1,000,000).
(d) Each day during any portion of which a violation occurs is a separate offense.
Notes and commentary — not statutory text
History
Amended by Stats. 2001, Ch. 854, Sec. 16. 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=42402.3.
- Text hash
- sha256 d86dc906434ae18a16d2675005b65ff0c44ebcda3323d80b6fe3c8610a5c0d10
- Composed by
- 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.
Health and Safety Code
Cited by 6 provisions
Provisions in this library whose text cites Health & Saf. Code, § 42402.3. Each shows the citation as that text prints it.
Health and Safety Code
- Health & Saf. Code, § 42400.4Printed as Section 42402, 42402.1, 42402.2, or 42402.3
- Health & Saf. Code, § 42400.7Printed as Section 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, or 42402.4
- Health & Saf. Code, § 42402Printed as Sections 42402.1, 42402.2, 42402.3, and 42402.4
- Health & Saf. Code, § 42402.6Printed as Sections 42402, 42402.1, 42402.2, 42402.3, 42402.4, and 42402.5
- Health & Saf. Code, § 42403Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, 42402.3, and 42402.6
- Health & Saf. Code, § 42410Printed as Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3
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.