Notices of Violation

Given the potential amount of penalties that can accrue if a business continues to operate in violation of an air quality regulation, it is important for a business to evaluate the options available to achieve compliance as soon as possible.

If you receive a Notice of Violation (NOV), you may wish to consider the following options (please note that there are different options for resolving a Notice to Comply):

• Immediately cease operating the equipment causing the violation.
• Immediately correct the deficiency for which the NOV was issued.
• Immediately petition the SMAQMD Hearing Board for a variance. This option is typically considered for those processes that are difficult to shut down and/or those problems that will require significant time to correct.
• In certain instances, a business may utilize the District's Alternative Compliance Rule - Rule 107. This involves purchasing emission reduction credits.

Once your facility is back in compliance, your case will be reviewed by the District to determine if the facts of the case support further enforcement action.

After your case is reviewed, you will be notified in writing of the District's decision to either:

• Offer you the opportunity to resolve the violation through the Mutual Settlement Program
• Refer the case to District Counsel
• Refer the case to the District Attorney

Violations of air quality regulations are subject to criminal or civil penalties as specified in California Health and Safety Code sections 42400 through 42403. Maximum penalties for such violations can range from $1,000 to $50,000 per day of violation, depending on the nature of the violation. Each day of violation is a separate offense regardless of whether a Notice of Violation is issued.