CARB Enforcement James Martell 2015-01-02T21:05:25+00:00
Violations of air pollution regulations are prosecuted under California Health and Safety Code (HSC) Sections 42402 through 42402.5. HSC section 42402 identifies potential civil penalties of $1,000 to $10,000 per day for strict liability. Higher penalties are provided for under 42402.1 for negligent emission violations (up to $25,000), 42402.2 for knowing (failure to correct) violations (up to $40,000), 42402.3 for willful violations (up to $75,000), and 42402.4 for falsification violations (up to $35,000). In each case, if a death results, the penalties can be significantly higher. CARB published its Enforcement Policy in 2011. CARB has enforced VOC regulations violations with stiff fines. The number of cases or citations closed in 2009 totaled 4,054, compared with 1,535 in 2002. Penalties collected in 2009 totaled $16.3 million, up from $11.3 million collected in 2002. See http://www.arb.ca.gov/enf/sb1402/arb_amended_enf_policy_072111.pdf pg 7. Dozens of cases each month are pursued. Most are settled through negotiation rather than litigation. A complete listing of enforcement actions is published on the CARB website.