Air pollution in scientific literature is usually defined as “releasing pollution into the air, which can be detrimental to human health and the planet as a whole. WHO data shows that air pollution kills over seven million people worldwide every year, thus it is a major threat to the health of people and the climate of the earth. This causes the USA as a whole and the states to develop legal regulations for air pollution control and punishment of air pollutants.
The Clean Air Act authorizes the US Environmental Protection Agency to protect public health with the help of regulating the emissions of harmful air pollutants. In California, Health and Safety Code lists the actions which are considered unlawful from the perspective of air pollution.
The appropriate sections are 2400, 42400.1, 42400.2, 42400.3, 42400.3.5, 42400.4, which will further be examined throughout this article. Any violation of a section is a misdemeanor.
Health and Safety Code 42400 HS
This section is the general provision, which considers the violation of law designed to protect the quality of the State’s air by an entity as an offense. Penalties for violation of this section
Under the corresponding section, the entity can be using these punishments:
- Imposition of a fine of not more than 5000$
- Imprisonment in a county jail for not more than 6 months.
Health and Safety Code 42400.1 HS
This section regulates that it is an offense to emit any air contaminant negligently, which may violate state laws or other relevant regulations. Penalties for violation of this section
Under relevant legal regulations, the committed actions shall include punishment by:
- Imprisonment in a county jail for up to 9 months
- Imposition of a maximum fine of not more than 25000$.
Health and Safety Code 42400.2
This section states that it is a crime for the defendant to emit an air contaminant in violation of state laws, and to commit the action knowingly. Penalties for violation of this section
The violation of section 42400.2 charges the party and includes these punishments:
- Imprisonment in a county jail for a term up to 1 year,
- A maximum fine of 40.000$.
Health and Safety Code, 42400.3.
Under this section, it is a crime for the accused person or an entity:
- To emit an air contaminant in violation of the state law,
- To commit those actions willfully and intentionally (that said-on purpose).
Penalties applied for violation of this section
The punishment of the violations of section 42400.3 includes :
- Imprisonment in a county jail for a term up to one year
- Imposition of a maximum fine of 75000$.
Health and Safety Code 42400.3.5.
Under the mentioned section, it is considered to be a crime for the defendant to:
- Knowingly violate state law regarding air pollution, according to the Clean Air Act.
Penalties applied for violation of this section
The punishment of the violations of the mentioned section includes:
- Custody in a county jail for up to 6 months
- Maximum fine of 10.000$.
Health and Safety Code 42400.4
This Section is a part of the programs of the Environmental Protection Agency of the US, namely Title V permit programs, which issue permits to the entities to help limit the emissions of air contaminants. Penalties for violation of the relevant section No imprisonment as a penalty applies to the above-mentioned section. The accused shall be subject to the imposition of a fine in the amount of not exceeding 10000$.
Are there any defenses to overcome penalties imposed by the relevant regulations of law?
- It is possible to use the fact that the violation was not conducted by the level of intent mentioned by the relevant section of the law. For example, as stated in section 42400.2, 42400.3 HS-knowingly, intentionally, or willfully.
- You can also claim that you applied to the corrective actions mentioned in the section. For example, you commit violations of legislative regulations, however afterward you conducted actions to stop emissions.
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