SECTIONS 39674-39675 - California Statutes

HEALTH AND SAFETY CODE

SECTION 39674-39675

39674. (a) Except as otherwise provided in subdivision (b), any
person who violates any rule or regulation, emission limitation, or
permit condition adopted pursuant to Section 39659 or Article 4
(commencing with Section 39665) or which is implemented and enforced
as authorized by subdivision (b) of Section 39658 is strictly liable
for a civil penalty not to exceed one thousand dollars ($1,000) for
each day in which the violation occurs.
(b) (1) Any person who violates any rule or regulation, emission
limitation, permit condition, order fee requirement, filing
requirement, duty to allow or carry out inspection or monitoring
activities, or duty to allow entry 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. Section 7412( l)) or the regulations adopted pursuant thereto,
adopted pursuant to Section 39659 or Article 4 (commencing with
Section 39665) or which is implemented and enforced as authorized by
subdivision (b) of Section 39658 is strictly liable for a civil
penalty not to exceed ten thousand dollars ($10,000) for each day in
which the violation occurs.
(2) Where a civil penalty in excess of one thousand dollars
($1,000) for each day of violation is sought, there is no liability
under paragraph (1) if the person accused of the violation alleges by
affirmative defense and establishes that the violation is caused by
an act which was not the result of intentional or negligent conduct.
In a district in which a Title V permit program has been fully
approved, this paragraph shall not apply to a violation of federally
enforceable requirements that occur at a Title V source.
(3) Paragraph (2) shall not apply to a violation of a toxic air
contaminant rule, regulation, permit, order, fee requirement, filing
requirement, duty to allow or carry out inspection or monitoring
activities, or duty to allow entry 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.

39675. (a) Sections 42400, 42400.1, 42400.2, and 42402.2 apply to
violations of regulations or orders adopted pursuant to Section 39659
or Article 4 (commencing with Section 39665) or that are implemented
and enforced as authorized by subdivision (b) of Section 39658.
(b) The adoption of this section does not constitute a change in,
but is declaratory of, existing law.