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Any violation of a AQMD rule or permit condition may be subject to civil penalties.
The following is a summary of the maximum liabilities for various categories
of violations:
- $1,000 per day is the maximum liability
for air quality violations with "strict liability." This
includes violation of any provision of the California Health &
Safety Code, any District, order, or permit. It does not matter if
there were emissions or any intent to violate the law.
- $10,000 per day is the maximum
liability for any strict liability violation, unless the violator can establish that the
violation was not the result of intentional or negligent conduct.
- $15,000 per day is
the maximum liability of a person whose operation constitutes a nuisance
and causes injury to a considerable number of persons.
- $25,000 per day is the maximum
liability for the negligent emission of an air contaminant. This covers any violation due
to careless, inattentive, or inadvertent release of air pollutants.
- $40,000 per day is the maximum
liability for the negligent emission of an air contaminant when the violator knew of the
emission, but failed to take corrective action
- $35,000 per day is the maximum
liability for the falsification of any document required to be kept pursuant to any rule,
regulatory permit, or order of state or District boards.
- $25,000 per day is the maximum
liability for the operation of any source of air contamination which causes actual injury
to a considerable number of persons or the public.
- $75,000 per day is the maximum
liability for an intentional and willful emission of an air contaminant.
- $100,000 per day
is the maximum liability of a person who negligently emits an air
contaminant in a manner constituting a nuisance and causes injury to a
considerable number of persons.
- $250,000 per day
is the maximum liability of a person who emits an air contaminant in a
manner constituting a nuisance and causes great bodily injury of death and
knew of the emission and failed to take corrective action.
- $125,000 per day is the maximum
liability for an intentional and willful emission of an air contaminant or
the emission of an air contaminant with reckless disregard of the risk of
great bodily injury or death, where the emission constitutes a nuisance
and creates an unreasonable risk of great bodily injury or death. If
the violator is a corporation, the maximum liability is $500,000.
- $250,000 per day is the maximum
liability for an intentional and willful emission of an air contaminant or
the emission of an air contaminant with reckless disregard of the risk of
great bodily injury or death, where the emission constitutes a nuisance
and causes great bodily injury or death. If the violator is a
corporation, the maximum liability is $1,000,000.
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Mutual Settlement Program |
Click here for the AQMD's brochure on Resolving
Violations rev. 2007 (PDF Mb)
Overview
The AQMD's Mutual Settlement Program (MSP) is a voluntary program adopted
by the AQMD's Board of Directors that is designed to settle violations
without the time and expense of litigation.
The first step the AQMD takes in handling an MSP case is to classify
the case as either a "routine" or "non-routine" case.
A case is considered routine when it involves an air quality violation
that the AQMD routinely handles.
A case is considered non-routine when the AQMD determines that additional
facts are needed prior to assessing a penalty, or the proposed penalty
is significant.
A formula is used to determine the amount of the proposed
settlement. This formula is called the Monetary Component Formula (MCF). It is based on
factors to be considered in recovering civil penalties as specified in California Health & Safety Code § 42403(b).
Monetary Component Formula
The MCF is a balanced penalty formula that uses five
"aggravating" and five "mitigating" factors.
The aggravating factors are:
- extent of harm caused by the violation;
- nature & persistence of the violation;
- Length of time the violation occurred;
- past violations; and
- economic benefit of noncompliance.
The mitigating factors are:
- degree and record of maintenance;
- innovative control equipment;
- action taken to mitigate the violation;
- good faith effort to comply; and
- financial burden to the violator.
Once a penalty has been calculated using the MCF, the
amount is NOT NEGOTIABLE. The only way that proposed penalties can be reduced, within the
framework of the MSP, is for new, mitigating information to be produced that affects the
MCF factors listed above.
Routine Cases
In routine cases, settlement proposal letter will be mailed to you. The
letter will outline certain facts associated with the case, advise you
of the penalties as prescribed by law, and propose the terms under which
the AQMD would be willing to settle the violation.
One term usually involves payment of a civil penalty. You
must respond to the offer within 30 days.
Your options at this point are to:
- Sign the settlement agreement and return it to the AQMD with a check in the amount of the penalty assessed.
- Request an office conference to present additional, mitigating information.
- Fail to respond. This will result in the case being referred to AQMD Counsel for evaluation of further
enforcement action. Your case will no longer be governed by the MSP. Any penalties will be established through litigation.
Other, or non-routine, Cases
If the AQMD determines that additional facts need to be considered prior
to assessing a penalty, or if the proposed penalty for a case is significant,
a letter will be mailed to you requesting your presence at an office conference.
The letter will outline certain facts associated with the case, advise
you of the penalties as prescribed by law, and invite you to call and
arrange for the office conference. You must respond to the offer to meet
within 30 days. Options at this point are to:
- Call and arrange for an office conference.
- Fail to respond. This will result in the
case being referred to AQMD Counsel for evaluation of further enforcement
action. Your case will no longer be governed by the MSP. Any penalties
will be established through litigation.
After the office conference, a settlement proposal letter
will be mailed to you. You will have 15 days to respond to the settlement proposal.
Options at this point are to:
- Sign the settlement agreement and return it to the AQMD with a check to cover the monetary penalty.
- Fail to respond. This will result in the case being referred to AQMD Counsel for evaluation of further enforcement
action. Your case will no longer be governed by the MSP. Any penalties will be established through litigation.
Office Conferences
An office conference is an informal meeting between you and AQMD staff
to discuss the facts of the case. The conference also provides you with
an opportunity to present and discuss any information which you think
may be important for the AQMD to consider before a penalty is determined.
You may present supporting documentation that serves to
mitigate the violation. The information you present will be taken into consideration,
together with all the known facts, when calculating a penalty.
Questions
Please call Kevin Leonard, Program Supervisor - Field
Operations
Sacramento Metropolitan AQMD, at (916) 874-4863.
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