Section 7724 Of Article 10. Railroad Safety And Emergency Planning And Response From California Public Utilities Code >> Division 4. >> Chapter 1. >> Article 10.
7724
. (a) Any person who commits any of the following acts, shall,
upon conviction, be punished by imprisonment in the county jail for
not more than one year or by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code for 16, 24, or 36 months:
(1) Except as provided by Section 7724.1, knowingly fails to
follow the direction or order of the secretary or the commission
arising from a rail accident or release of a hazardous or potentially
hazardous commodity from a railcar.
(2) Knowingly causes, or aids or abets in, the discharge or spill
of, a hazardous or potentially hazardous commodity from a railcar,
unless the discharge is authorized by the United States, the state,
or another agency with appropriate jurisdiction.
(3) Knowingly fails to comply with the regulations adopted
pursuant to Section 7712, and that failure results in a rail accident
or release of hazardous material or creates a significant risk of
accident or release of hazardous material.
(b) The court shall also impose upon a person convicted of
violating subdivision (a), a fine not to exceed five hundred thousand
dollars ($500,000) for each violation. For purposes of this
subdivision, each day or partial day that a violation occurs is a
separate violation.
(c) The court shall also impose upon a person convicted of
violating paragraph (1) of subdivision (a), a fine equal to twice the
cost of abating, repairing, and responding to the cost associated
with the illegal discharge of a hazardous or potentially hazardous
commodity from a railcar as a result of a rail accident.