reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 42367 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 2.5 - Product Variances|Section 42367.

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, equipment, or other contrivance pursuant to Section 42300.(Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
CA Health & Safety Code § 42368 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 2.5 - Product Variances|Section 42368.

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, sale, application, soliciting the application, or use of the product is, or will be, in violation of a rule, regulation, or order of the district. (2)  Due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business. (3)  The taking or closing would be without a corresponding benefit in reducing air contaminants. (4)  The petitioner exercised due diligence in attempting to locate, research, or develop a product that is in compliance with district rules and regulations. (5)  During the period that the product variance is in effect, the petitioner shall quantify any excess emissions to the maximum extent feasible and report the emission levels to the district, if requested by the district. (b)  If the product variance is granted subject to conditions on the use of the product, within 10 days from the effective date of the variance, and for the duration of the time period of the variance, the petitioner shall cause a written notice to be furnished to any retailer, distributor, and purchaser of the product who is located within the district. The written notice shall be, attached to, or otherwise accompany, the product, and shall include all of the following information: (1)  That the product is being sold pursuant to a product variance granted by the district hearing board. (2)  The beginning and ending dates of the product variance. (3)  Any other conditions set forth in the product variance. (c)  Within 10 days from the effective date of the granting of the product variance, the district shall cause to be published pursuant to Section 6061 of the Government Code, the information specified in subdivision (b). (d)  The district hearing board may prescribe requirements or conditions in the product variance that are applicable to the product, other than those imposed by statute or by any rule, regulation, or order of the district board, if those requirements or conditions are not more onerous. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
CA Health & Safety Code § 42369 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 2.5 - Product Variances|Section 42369.

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 variance shall be granted pursuant to this article. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
CA Health & Safety Code § 42370 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 2.5 - Product Variances|Section 42370.

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 person may distribute, offer for sale, sell, apply, solicit the application of, or use the product under the conditions set forth in the product variance.(Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
CA Health & Safety Code § 42371 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 2.5 - Product Variances|Section 42371.

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 pursuant to this article.(Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
CA Health & Safety Code § 42372 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 2.5 - Product Variances|Section 42372.

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 provided in subdivision (b), shall not exceed one year, and shall set a final compliance date. (b)  A product variance may be issued for a period exceeding one year, but in no event to exceed two years from the date of the granting of the initial product variance, if the product variance includes a schedule of increments of progress specifying a final compliance date by which the emission of air contaminants from the product for which the product variance is granted will be brought into compliance with applicable emission standards and all district rules, regulations, and orders. No extension may be granted to a petitioner without a showing of good cause and proof of compliance with the findings required by Section 42368. (c)  If the product variance is for a process or product that is equivalent to, or exceeds, the applicable standards required by the district’s rules and regulations, and the hearing board granting the variance specifies that the only way to achieve compliance will be for the district to adopt or amend a rule or regulation, the air pollution control officer within 180 days from the effective date of the variance, shall set a public hearing before the district governing board and make a recommendation on whether or not the board should adopt or amend a rule or regulation to bring the product into compliance. The district governing board shall, within one year of the effective date of the variance, take action to (1) adopt or amend a district rule or regulation to bring the product into compliance, or (2) determine that no amendment, rule, or regulation is warranted. If the district governing board fails to take either action, nothing in this subdivision shall limit the petitioner’s rights and remedies under existing law. (Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.)
CA Health & Safety Code § 42400 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.

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, permit, or order of the state board or of a district, including a district hearing board, adopted pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is guilty of a misdemeanor and is subject to a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both.(b) If a violation under subdivision (a) with regard to the failure to operate a vapor recovery system on a gasoline cargo tank is directly caused by the actions of an employee under the supervision of, or of any independent contractor working for, any person subject to this part, the employee or independent contractor, as the case may be, causing the violation is guilty of a misdemeanor and is punishable as provided in subdivision (a). That liability shall not extend to the person employing the employee or retaining the independent contractor, unless that person is separately guilty of an action that violates this part.(c) Any person who owns or operates any source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d), to the health or safety of a considerable number of persons or the public is guilty of a misdemeanor and is subject to a fine of not more than fifteen thousand dollars ($15,000) or imprisonment in the county jail for not more than nine months, or both.(d) As used in this section, “actual injury” means any physical injury that, in the opinion of a licensed physician and surgeon, requires medical treatment involving more than a physical examination.(e) Each day during any portion of which a violation of subdivision (a) or (c) occurs is a separate offense.(Amended by Stats. 2017, Ch. 136, Sec. 4. (AB 617) Effective January 1, 2018.)
CA Health & Safety Code § 42400.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.1.

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 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 twenty-five thousand dollars ($25,000), or imprisonment in a county jail for not more than nine months, or by both that fine and imprisonment. (b)  Any person who negligently 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, or death of, any person, is guilty of a misdemeanor and is punishable by a fine of not more than one hundred thousand dollars ($100,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (c)  Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 11. Effective January 1, 2002.)
CA Health & Safety Code § 42400.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.2.

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 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. (Amended by Stats. 2001, Ch. 854, Sec. 12. Effective January 1, 2002.)
CA Health & Safety Code § 42400.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.3.

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 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.(Amended by Stats. 2011, Ch. 15, Sec. 196. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CA Health & Safety Code § 42400.3.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.3.5.

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, including a district hearing board, that is adopted for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than six months, or both. (b)  Any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required by a rule or regulation adopted or permit issued for the control of toxic air contaminants pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, and for which delegation or approval of implementation and enforcement authority has been obtained pursuant to subdivision ( l) of Section 112 of the Clean Air Act (42 U.S.C. Sec. 7412( l)), or the regulations adopted pursuant thereto, or who knowingly renders inaccurate any monitoring device required by that toxic air contaminant rule, regulation, or permit is subject to a fine of not more than thirty-five thousand dollars ($35,000) or imprisonment in the county jail for not more than nine months, or both. (c)  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, regulation, permit, notice to comply, or order of the state board or of a district, is punishable as provided in subdivision (b). (d)  Subdivisions (a) and (b) shall apply only to those violations that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3. (Added by Stats. 2000, Ch. 805, Sec. 7. Effective January 1, 2001.)
CA Health & Safety Code § 42400.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.4.

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 any federally enforceable permit condition or any fee or filing requirement applicable to a Title V source is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000). (b)  In any district in which a Title V permit program has been fully approved by the federal Environmental Protection Agency, any person who knowingly makes any false material statement, representation, or certification in any form or in any notice or report required of a Title V source of a federally enforceable permit requirement, or who knowingly renders inaccurate any monitoring device or method required of a Title V source, is guilty of a misdemeanor and is subject to a fine of not more than ten thousand dollars ($10,000). (c)  The recovery of civil penalties pursuant to Section 42402, 42402.1, 42402.2, or 42402.3 precludes prosecution pursuant to this section for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense. (d)  Each day during any portion of which a violation of subdivision (a) or (b) occurs is a separate offense. (e)  This section shall not become operative in a district until the federal Environmental Protection Agency fully approves that district’s Title V permit program. (f)  This section applies only to violations described in subdivisions (a) and (b) that are not otherwise subject to a fine of ten thousand dollars ($10,000) or more pursuant to Section 42400.1, 42400.2, or 42400.3. (Amended by Stats. 2001, Ch. 769, Sec. 2. Effective January 1, 2002.)
CA Health & Safety Code § 42400.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.5.

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 Section 41800 or 41852.(Added by Stats. 1976, Ch. 1063.)
CA Health & Safety Code § 42400.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.6.

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 of this code, that may be imposed as the result of conduct that is also subject to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, may be collected either under those provisions of this code, or under that chapter of the Business and Professions Code, but not under both.(Added by Stats. 1995, Ch. 618, Sec. 1. Effective January 1, 1996.)
CA Health & Safety Code § 42400.7 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.7.

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, 42400.1, 42400.2, 42400.3, 42400.3.5, or 42400.4 for the same offense. When a district refers a violation to a prosecuting agency, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to this article for the same offense. (b)  If the pending civil action described in subdivision (a) includes a request for injunctive relief, that portion of the civil action shall not be dismissed upon the filing of a criminal complaint for the same offense. (Added by Stats. 2000, Ch. 805, Sec. 8. Effective January 1, 2001.)
CA Health & Safety Code § 42400.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42400.8.

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 relevant circumstances, including, but not limited to, the following:(a)  The extent of harm caused by the violation. (b)  The nature and persistence of the violation. (c)  The length of time over which the violation occurs. (d)  The frequency of past violations. (e)  The record of maintenance. (f)  The unproven or innovative nature of the control equipment. (g)  Any action taken by the person including the nature, extent, and time of response of any cleanup and construction undertaken, to mitigate the violation. (h)  The financial burden on the defendant. (i)  Any other circumstances the court deems relevant. (Added by Stats. 2000, Ch. 805, Sec. 9. Effective January 1, 2001.)
CA Health & Safety Code § 42401 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3 - Penalties|Section 42401.

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 Section 42451, or by the state board pursuant to Section 41505 is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day in which the violation occurs.(Amended by Stats. 1986, Ch. 1453, Sec. 4.)