The bill amends the Air Quality Control Act by updating the civil penalties associated with violations. It establishes that individuals who violate the Act or related regulations may face a civil penalty of up to $15,000 for each day a violation occurs. Additionally, those who fail to comply with an administrative order may incur a penalty of up to $25,000 per day of noncompliance.

Significantly, the bill introduces new provisions that stipulate civil penalties will not be assessed based on a permittee's ability to pay. It also outlines specific circumstances under which no civil penalty will be imposed, such as when a violation is self-reported and the permittee is actively working to mitigate environmental damage, or when a violation results from a mechanical malfunction, provided the permittee has a history of proper maintenance and is taking corrective actions. Furthermore, the bill clarifies representation in enforcement actions and sets a five-year limitation for commencing civil penalty actions from the date the violation was known. The provisions of this act will take effect on July 1, 2025.

Statutes affected:
introduced version: 74-2-12.1