The California Health and Safty codes describes what type of fines can be levied for non compliance in these two following sections.
H&S 42402 General Violations , Civil 42402. (a) Except as otherwise provided in subdivision (b) or in Section 42402.1, 42402.2, or 42402.3, 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 one thousand dollars ($1,000).
(b) (1) Any 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 one thousand dollars ($1,000) for each day in which the 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 which was not the result of intentional 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) Each day during any portion of which a violation occurs is a separate offense.
(Amended by Stats. 1994, Ch. 734, Sec. 1)
References at the time of publication (see page iii):
Regulations: 17, CCR, sections 94546, 94551
H&S 42402.1 Negligence or Actual Injury, Civil 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 pertaining to emission regulations or limitations is liable for a civil penalty of not more than fifteen thousand dollars ($15,000).
(b) Any person who owns or operates any source of air contaminants in violation of Section 41700 which causes actual injury, as defined in paragraph (2) of subdivision (d) of Section 42400.2, to the health or safety of a considerable number of persons or the public is liable for a civil penalty as provided in subdivision (a).
(c) Each day during any portion of which a violation occurs is a separate offense. (Amended by Stats. 1992, Ch. 1252, Sec. 7. Effective January 1, 1993.)
H&S 42402.2 Document Falsification or Failure to Take Corrective Action, Civil 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 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 twenty-five thousand dollars ($25,000).
(b) 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, is subject to the same civil penalty as provided in subdivision (a).
(c) Any person who owns or operates any source of air contaminants in violation of Section 41700 which causes actual injury, as defined in paragraph (2) of subdivision (d) of Section 42400.2, to the health or safety of a considerable number of persons or the public, 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 subject to a civil penalty as provided in subdivision (a).
(d) Each day during any portion of which a violation occurs is a separate offense.
(Amended by Stats. 1993, Ch. 1166, Sec. 16.)
H&S 42402.3 Violation of Air Contaminant Emittance, Civil Penalty 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, pertaining to emission regulations or limitations, is liable for a civil penalty of not more than fifty thousand dollars ($50,000).
(b) Each day during any portion of which a violation occurs is a separate offense.
(Amended by Stats. 1993, Ch. 1166, Sec. 16. Effective January 1, 1994.)
References at the time of publication (see page iii):
Regulations: 17, CCR, sections 94546, 94551
H&S 42402.5 Statute of Limitations for Civil Action 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.)
H&S 42403 Recovery of Civil Penalties
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.)
H&S 42403.5 Bus Idling, Civil
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.)
