Air Quality Control
Violation of Health and Safety Code 42400 HS
California's commitment to environmental protection is evident in its Health and Safety Code, which incorporates a range of sections (42400, 42400.1, 42400.2, 42400.3, 42400.3.5, and 42400.4) that criminalize violations of air pollution regulations. These offenses, classified as misdemeanors, carry the potential for imprisonment of up to one year in county jail.
Health and Safety Code 42400 HS establishes that it is a misdemeanor offense for any party to contravene laws designed to safeguard the quality of the state's air. This statute allows for the imposition of jail time and fines as penalties for any breach of these laws.
Furthermore, Health and Safety Code 42400.1 HS criminalizes the negligent discharge of air contaminants in violation of state laws, rules, or regulations.
Additionally, Health and Safety Code 42400.2 makes it a criminal offense for any individual or entity to knowingly release air contaminants in violation of state laws.
Moreover, Health and Safety Code 42400.3 classifies the intentional and willful emission of air contaminants in violation of state laws as a misdemeanor. The term "willfully" underscores the deliberate and purposeful nature of the act.
In addition, Health and Safety Code 42400.3.5 specifies that an offense occurs when a party:
- Knowingly violates a state law related to air pollution, and
- The law in question was enacted pursuant to the Clean Air Act (42 U.S.C. Section 7412(l)).
Furthermore, Health and Safety Code 42400.4 applies to Title V permit programs issued by the Environmental Protection Agency (EPA). Under these programs, the EPA grants permits to entities that aid in restricting the emission of air contaminants. This law renders any knowing violation of permit conditions by a party as a criminal offense.
Instances of violations may include a business recklessly discharging lead into the air, an entity knowingly releasing carbon dioxide in defiance of California law, or a business intentionally breaching an air pollution regulation under the Clean Air Act.
Defendants facing charges under these laws have the opportunity to assert various legal defenses to challenge the allegations. Some common defenses include demonstrating that:
- No violation of a California law pertaining to air pollution occurred.
- The defendant did not act with the requisite level of culpability.
- Appropriate corrective measures were undertaken subsequent to the violation.
Violations of any of these laws are considered misdemeanor offenses and can result in penalties such as imprisonment for up to one year in county jail and substantial fines.
If you are presently confronted with charges under Health and Safety Code 42400 HS or any other criminal matter related to assisted suicide, we cordially invite you to contact Second Chances Law Group. Our legal team specializes in providing comprehensive legal representation with the aim of securing complete dismissals of criminal charges. Do not hesitate to reach out to us today for expert guidance and to discuss your case with one of our highly experienced attorneys.