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In those instances when an AQMD District Prosecutor determines that a
Notice
of Violation (NOV) justifies criminal prosecution, the case will be referred to the appropriate law enforcement agency,
such as the county District Attorney. That agency will determine whether or not
criminal prosecution is warranted.
Anyone undergoing a criminal prosecution can expect to be served with an
arraignment letter, an arrest warrant or, in a case involving corporations, a
summons.
Criminal prosecution of a violation takes into account serious factors such
as the type of pollutant(s) emitted, the intent of the person(s) cited,
endangerment of public health, and any past record of violating AQMD rules or
regulations.
Penalties can be substantial under criminal
prosecution and may include up to one year in jail for each day a given rule or
regulation or regulation is violated (see California Health & Safety Code
Criminal Penalties §§ 42400-42400.8).
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