reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 42402 (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 42402.

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 any rule, regulation, permit, or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than five thousand dollars ($5,000).(b) (1) A person who violates any provision of this part, any order issued pursuant to Section 42316, or any rule, regulation, permit or order of a district, including a district hearing board, or of the state board issued pursuant to Part 1 (commencing with Section 39000) to Part 4 (commencing with Section 41500), inclusive, is strictly liable for a civil penalty of not more than ten thousand dollars ($10,000).(2) (A) If a civil penalty in excess of five thousand dollars ($5,000) for each day in which a violation occurs is sought, there is no liability under this subdivision if the person accused of the violation alleges by affirmative defense and establishes that the violation was caused by an act that was not the result of intentional conduct or negligent conduct.(B) Subparagraph (A) does not apply to a violation of federally enforceable requirements that occur at a Title V source in a district in which a Title V permit program has been fully approved.(C) Subparagraph (A) does not apply to a person who is determined to have violated an annual facility emissions cap established pursuant to a market-based incentive program adopted by a district pursuant to subdivision (b) of Section 39616.(c) A person who owns or operates any source of air contaminants in violation of Section 41700 that causes actual injury, as defined in subdivision (d) of Section 42400, to the health and safety of a considerable number of persons or the public, is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).(d) Each day during any portion of which a violation occurs is a separate offense.(Amended by Stats. 2018, Ch. 92, Sec. 143. (SB 1289) Effective January 1, 2019.)
CA Health & Safety Code § 42402.1 (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 42402.1.

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 district, including a district hearing board, pertaining to emission regulations or limitations is liable for a civil penalty of not more than twenty-five thousand dollars ($25,000). (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 any person or that causes the death of any person, is liable for a civil penalty of not more than one hundred thousand dollars ($100,000). (c)  Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 14. Effective January 1, 2002.)
CA Health & Safety Code § 42402.2 (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 42402.2.

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 district, including a district hearing board, pertaining to emission regulations or limitations, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty of not more than forty thousand dollars ($40,000). (b)  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 any person or that causes the death of any person, and who knew of the emission and failed to take corrective action, as defined in subdivision (b) of Section 42400.2, within a reasonable period of time under the circumstances, is liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000). (c)  Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 2001, Ch. 854, Sec. 15. Effective January 1, 2002.)
CA Health & Safety Code § 42402.3 (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 42402.3.

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, 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. (Amended by Stats. 2001, Ch. 854, Sec. 16. Effective January 1, 2002.)
CA Health & Safety Code § 42402.4 (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 42402.4.

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, regulation, permit, or order of the state board or of a district, including a district hearing board, is liable for a civil penalty of not more than thirty-five thousand dollars ($35,000).(Added by Stats. 2000, Ch. 805, Sec. 14. Effective January 1, 2001.)
CA Health & Safety Code § 42402.5 (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 42402.5.

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 part, or any order, permit, rule, or regulation 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, if the district board has adopted rules and regulations specifying procedures for the imposition and amounts of these penalties. No administrative civil penalty levied pursuant to this section may exceed five hundred dollars ($500) for each violation. However, nothing in this section is intended to restrict the authority of a district to negotiate mutual settlements under any other penalty provisions of law which exceed five hundred dollars ($500).(Added by Stats. 1988, Ch. 1568, Sec. 31.)
CA Health & Safety Code § 42403 (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 42403.

42403.  (a)  The civil penalties prescribed in Sections 39674, 42401, 42402, 42402.1, 42402.2, and 42402.3 shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction. (b)  In determining the amount assessed, the court, or in reaching any settlement, the district, shall take into consideration all relevant circumstances, including, but not limited to, the following: (1)  The extent of harm caused by the violation. (2)  The nature and persistence of the violation. (3)  The length of time over which the violation occurs. (4)  The frequency of past violations. (5)  The record of maintenance. (6)  The unproven or innovative nature of the control equipment. (7)  Any action taken by the defendant, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation. (8)  The financial burden to the defendant. (Amended by Stats. 1992, Ch. 1252, Sec. 10. Effective January 1, 1993.)
CA Health & Safety Code § 42403.5 (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 42403.5.

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 civil penalties assessed under this article, which may be recovered pursuant to Section 42403 by the Attorney General, by any district attorney, or by the attorney for any district in which the violation occurs in any court of competent jurisdiction. (b)  There is no liability under subdivision (a) if the person accused of the violation establishes by affirmative defense that the extent of the harm caused does not exceed the benefit accrued to bus passengers as a result of idling the engine. (Added by Stats. 1987, Ch. 107, Sec. 1.)
CA Health & Safety Code § 42404 (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 42404.

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 court except those matters to which equal precedence on the calendar is granted by law.(Added by Stats. 1975, Ch. 957.)
CA Health & Safety Code § 42404.5 (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 42404.5.

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 reasonably have been discovered.(Added by Stats. 1987, Ch. 260, Sec. 1.)
CA Health & Safety Code § 42405 (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 42405.

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 treasurer of the district on whose behalf judgment was entered, and one-half of the penalty collected shall be paid to the State Treasurer for deposit in the General Fund.If the action is brought by the Attorney General on behalf of the state board, the entire penalty collected shall be paid to the State Treasurer for deposit in the General Fund.If the action is brought by a district attorney or by an attorney for a district, the entire amount of the penalty collected shall be paid to the treasurer of the district on whose behalf judgment was entered.(Amended by Stats. 1981, Ch. 1127.)
CA Health & Safety Code § 42405.5 (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 42405.5.

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 to recover civil penalties pursuant to Section 42401, 42402, 42402.1, or 42402.2, and that assistance is provided in coordination with the state board or a district prosecuting the action, that agency shall be reimbursed out of the proceeds of the penalty collected for its costs and expenses incurred in providing the assistance. (b)  If the penalty collected is insufficient to fully reimburse the state board or district for the costs and expenses incurred in preparing and prosecuting the case and another agency or agencies for the costs and expenses incurred in assisting in the case, the amount collected shall be prorated among the state board or district and the assisting agency or agencies, on the basis of costs and expenses incurred by each. (c)  This section does not apply where there is an express agreement between the state board or district and another agency or agencies regarding reimbursement for assistance services and expenses. (Added by Stats. 1986, Ch. 1453, Sec. 9.)
CA Health & Safety Code § 42406 (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 42406.

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 an action against the vessel in accordance with the provisions of Article 3 (commencing with Section 490), Chapter 2, Division 3 of the Harbors and Navigation Code, except that no undertaking shall be required to be filed by the district board as a condition to the issuance of a writ of attachment.(Added by Stats. 1975, Ch. 957.)
CA Health & Safety Code § 42407 (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 42407.

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.(Amended by Stats. 2009, Ch. 561, Sec. 2. (SB 124) Effective January 1, 2010.)
CA Health & Safety Code § 42408 (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 42408.

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 air pollution control district, air quality management district, or by the State of California, is guilty of a misdemeanor, and is liable in a civil action for damages caused by the tampering to the owner or operator of the equipment. (b)  For purposes of this section, “tampering” means any unauthorized, intentional touching or other conduct affecting the operational status of monitoring equipment which has the potential to invalidate data collected from the monitoring activity. (Added by Stats. 1989, Ch. 722, Sec. 1.)
CA Health & Safety Code § 42409 (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 42409.

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 article . The list shall also include the minimum and maximum penalties for each violation which may be assessed by a district pursuant to this article.(Added by Stats. 1991, Ch. 744, Sec. 1.)
CA Health & Safety Code § 42411 (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 42411.

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 annually based on the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.(Added by Stats. 2017, Ch. 136, Sec. 6. (AB 617) Effective January 1, 2018.)
CA Health & Safety Code § 42420 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3.5 - Compliance Programs|Section 42420.

42420.  The Legislature hereby finds and declares as follows:(a)  District enforcement programs should be prioritized to ensure that the imposition of civil and criminal penalties is commensurate with the severity of the violation. (b)  Districts shall endeavor to establish, where appropriate, alternatives to civil or criminal penalties for those circumstances in which the violation neither contributes to, nor potentially conceals, an emission that significantly contributes to unhealthful air quality. (Added by Stats. 1993, Ch. 1028, Sec. 9. Effective January 1, 1994.)
CA Health & Safety Code § 42421 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 3.5 - Compliance Programs|Section 42421.

42421.  Each district which has a population of one million or more shall establish a compliance program that shall consist of all of the following elements:(a)  Procedures to ensure the consistent issuance of notices of compliance and notices of violations. (b)  A compliance assistance program to provide information to small businesses with regard to statutes and district rules and regulations to which they are subject and to assist them in identifying the most efficient and least costly means of complying with those statutes and rules and regulations. (c)  Settlement agreement procedures whereby persons who are in violation of those statutes or district rules or regulations may agree to take actions to improve air quality in lieu of paying monetary fines or penalties. (Added by Stats. 1993, Ch. 1028, Sec. 9. Effective January 1, 1994.)
CA Health & Safety Code § 42450 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 4 - Orders for Abatements|Section 42450.

42450.  The district board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or is in violation of Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air.In holding such a hearing, the district board shall be vested with all the powers and duties of the hearing board. Notice shall be given, and the hearing shall be held, pursuant to Chapter 8 (commencing with Section 40800) of Part 3.(Amended by Stats. 1988, Ch. 183, Sec. 1.)
CA Health & Safety Code § 42450.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 4 - Orders for Abatements|Section 42450.1.

42450.1.  This article applies to any order for abatement issued pursuant to a determination made under Section 42301.7.(Added by Stats. 1988, Ch. 1589, Sec. 12.)
CA Health & Safety Code § 42451 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 4 - Orders for Abatements|Section 42451.

42451.  (a)  On its own motion, or upon the motion of the district board or the air pollution control officer, the hearing board may, after notice and a hearing, issue an order for abatement whenever it finds that any person is constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or is in violation of Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air. (b)  As an alternative to subdivision (a), the hearing board may issue an order for abatement pursuant to the stipulation of the air pollution control officer and the person or persons accused of constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or of violating Section 41700 or 41701, or any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air, upon the terms and conditions set forth in the stipulation, without making the finding required under subdivision (a). The hearing board shall, however, include a written explanation of its action in the order for abatement. (Amended by Stats. 1988, Ch. 183, Sec. 2.)
CA Health & Safety Code § 42452 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 4 - Orders for Abatements|Section 42452.

42452.  The order for abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be conditional and require a respondent to refrain from a particular act unless certain conditions are met. The order shall not have the effect of permitting a variance unless all the conditions for a variance, including limitation of time, are met.(Added by Stats. 1975, Ch. 957.)
CA Health & Safety Code § 42453 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 4 - Orders for Abatements|Section 42453.

42453.  A proceeding for mandatory or prohibitory injunction shall be brought by the district in the name of the people of the State of California in the superior court of the county in which the violation occurs to enjoin any person to whom an order for abatement pursuant to Section 42452 has been directed and who violates such order.(Added by Stats. 1975, Ch. 957.)
CA Health & Safety Code § 42454 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 26 - AIR RESOURCES|PART 4 - NONVEHICULAR AIR POLLUTION CONTROL|CHAPTER 4 - Enforcement|ARTICLE 4 - Orders for Abatements|Section 42454.

42454.  Proceedings under Section 42453 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of adequate remedy at law or to show irreparable damage or loss.If, in any such proceeding, it shall be shown that an order for abatement has been made, that it has become final, and that its operation has not been stayed, it shall be sufficient proof to warrant the granting of a preliminary injunction.If, in addition, it shall be shown that the respondent continues, or threatens to continue, to violate such order for abatement, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order.(Added by Stats. 1975, Ch. 957.)