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If your violation notice is handled as a civil matter, your case will be
reviewed by an attorney from the AQMD District Prosecutor’s office. The
first contact is usually a “pre-suit” letter from the prosecutor, asking for
information about your case. In unusually flagrant cases or those involving
serious harm or danger, however, AQMD may immediately commence a legal
action for civil penalties and a court-ordered injunction. AQMD also has the
choice of seeking an Order for Abatement from the AQMD Hearing Board.
Either you or your attorney should contact the AQMD prosecutor named in the
pre-suit letter to discuss your case. Explain to the prosecutor anything
related to the violation that you believe AQMD should know in considering
your case and in negotiating settlement terms. All reasonable efforts will
be made to reach an amicable settlement. However, you are not obligated to
settle. When an amicable settlement cannot be reached, a lawsuit will be
filed, thus placing the matter before the court for further review and
resolution.
You must reply by the date indicated in the letter. If you fail to respond
by that date, the AQMD prosecutor will either file a lawsuit - a civil
complaint - taking you to court, or institute an Order for Abatement
proceeding before the AQMD Hearing Board if there is evidence of ongoing
violations. If the prosecutor files a lawsuit, you will be served a copy of
the complaint and a summons requiring you to file a written response with
the court within 30 calendar days.
After the complaint is filed, “discovery” begins. During this process, both
sides work to specify the main issues in the case. Written questions may be
posed to you or your attorney. Individuals can be questioned under oath. The
court requires that both sides appear at hearings to discuss a possible
settlement.
If an agreement cannot be reached during these hearings, a trial date is set.
If as a result of the trial, a judge finds that the business did violate AQMD
rules, the court imposes a fine.
Although the maximum civil penalty generally is $75,000 per day per violation, greater
penalties may be imposed for violations resulting in risk of great bodily
harm or death (see California Health & Safety Code Civil Penalties §§ 42402
- 42403).
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