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 be assessed a penalty of up to $25,000 per day of noncompliance. Notably, the bill introduces new provisions stating that civil penalties will not be based on the permittee's ability to pay and outlines specific circumstances under which no civil penalty will be imposed, such as self-reported violations or those resulting from mechanical malfunctions, provided the permittee is taking appropriate remedial actions.

Furthermore, the bill clarifies the representation of the department and local authorities in enforcement actions related to the Air Quality Control Act. It specifies that the attorney general will represent the department, while municipal and county authorities will be represented by their respective attorneys. The bill also sets a limitation on the time frame for commencing civil penalty actions, stating that such actions must be initiated within five years from when the violation was known by the relevant authority. The provisions of this act are set to take effect on July 1, 2025.

Statutes affected:
introduced version: 74-2-12.1