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The AQMD District Prosecutor’s
office reviews each violation and, based on the facts of the case,
selects the appropriate avenue for resolution.
Notices of Violation
issued to non-major sources with no prior violations and which do not involve toxic emissions,
major emissions, or
public nuisance including injury or property damage, are eligible to be
handled under AQMD’s Minor Source
Penalty Assessment Program.
All other cases are referred to an AQMD
prosecutor and resolved through an amicable settlement or in the courts in either civil or
criminal prosecution. No cases will be settled
unless the violations have been corrected.
As a matter of state law, an AQMD prosecutor, a judge or jury,
as the case may be, is
obligated to evaluate each violation individually and with reference to all
relevant facts and circumstances. This is an important legislative policy
that the AQMD follows in negotiating settlements. This policy recognizes
that what might be a fair penalty for a large manufacturer might not be for
a small operation, despite the fact that the same rule was violated by both.
Under such a policy, AQMD considers various
factors including the financial burden to the violator and the action taken
to correct the violation, thus allowing a “sliding scale” in negotiating the
appropriate penalty. Without such a policy, all violators would have to be
treated exactly alike without regard for the factors which can make one
violation different from another.
Civil penalties for noncompliance depend on:
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The extent of harm caused by the violation.
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The nature and persistence of the violation.
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The length of time over which the violation occurs.
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The frequency of past violations.
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The record of maintenance.
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The unproven or innovative nature of control equipment in use.
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The action (if any) taken by a company to mitigate the violation.
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The financial burden to the company in violation.
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The economic advantage gained by the company by operating in violation.
The legislative policy of individualized
attention to air pollution violations allows AQMD to pursue its legal
obligations and mandates while carefully evaluating all of the circumstances
of each air pollution violation.
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