Health and Safety Code 42400 Air Pollution Control Laws

California Health and Safety Code 42400 covers air regulation and pollution laws. In California, it is a crime to violate air pollution laws by harming the state’s air quality. Those who carelessly emit any air contaminant, or knowingly contaminate the air can be charged with a misdemeanor under HSC 42400, which states:

“(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.”

Violations of California Health and Safety Code 42400

Health and Safety Code 42400 HS is a general provision that criminalizes those who violate California’s air pollution laws. It is designed to protect California’s air, as well as punish those who contribute to its deterioration.

Charges under HSC 42400 are severe. Depending on the severity of the violation, you can face up to six months to one year in prison, along with fines from $10,000 to $75,000. This law specifically targets careless or intentional acts, which lead to unlawful contamination of the air. Citizens and businesses can be charged for air pollution according to the following codes:

• HSC 42400.3: it is a misdemeanor for a person or business to willfully and intentionally emit air contaminant in violation of state law
• HSC 42400.4: this law applies to Title V permit programs. This government program allows businesses to apply for EPA operating permits to help limit air pollution. This law makes it a crime to knowingly violate the conditions of the permit.

Legal Defenses for Air Pollution

If you’re accused of air pollution it does not automatically mean you’re gulity. There are a number of defenses available to those charged with violating HSC 42400. If you are facing air pollution allegations, here a list of common legal defenses:

1. Lack of knowledge or intent: if the emission occurred accidentally, this may serve as your defense. Or maybe you were unaware that your actions would lead to air pollution.
2. Complied with all applicable permits: if you complied with all applicable permits, yet your actions led to air pollution, then you may have a stong defense. You would have to show your pollution was at legal levels according to the permits you followed.
3. There must be proof of your violation: if the evidence presented against you is insufficient, then you would have a reasonable defense. Scientific evidence is used to demonstrate air pollution, so if your charge is not able to be backed up with scientific data, then your charges might be dropped.

Example of Air Control in California

Maintaining the air quality in California is not a health priority, it’s a legal requirement. The Health and Safety Laws pertaining to air pollution are crucial components of California’s regulatory framework to prevent air contamination. The following air pollution control methods target sources and types of pollutants in California:

• Emission Control Technologies: devices installed in power plants and vehicles to reduce the amount of pollutants in the air.
• Fuel substitution and cleaner fuels: getting rid of high-pollution fuels like diesel and coal by switching them to natural gas an propane significantly reduces air pollution.
• Process modification: altering industrial processes to reduce waste.
• Regulation and permits: government regulation and permits set the standard for emissions allowed by individuals and businesses in the state of California.
• Urban planning and green infrastructure: urban planning can reduce pollution levels and promote sustainable practices
• Education and public awareness: these programs focus on eliminating pollution at the source rather than waiting until the pollution has already occurred.

Contact an Air Pollution Lawyer in California

If you or a loved one have been harmed due to contaminated air, the personal injury attorneys at Maison Law are to get you the compensation you need for you damages. Every person in California has environmental rights that should not be infringed upon by any individual or business. For expert legal services for air pollution victims, contact Maison Law today for a free consultation and case evaluation. We do not charge anything upfront for our legal counsel and you will not pay a cent until we’ve won your case.