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A
Notice of Violation (NOV) involving non-major sources
with lesser
offenses or no prior violations are typically handled under AQMD's
Minor Source Penalty Assessment Program. Under this program, the business
receiving the NOV and AQMD agree on the actions that the business must take to comply with clean
air requirements and the penalty for the violation. This settlement is reached without
involving attorneys or the courts. At your request, or if an amicable settlement
cannot be reached, the matter will be referred for review and further
handling by an AQMD attorney in the prosecutors office.
If a case is considered appropriate for this program,
an investigator from the AQMD's District Prosecutor will send an initial
settlement letter to the business via US Mail and subsequently contact the
business by telephone to discuss the case. The initial settlement letter
will include the name and phone number of the investigator assigned to the case.
Upon receiving the letter, the business should
respond in writing by the date indicated to avoid further legal action. If the
Minor Source Penalty Assessment Program fails to result in a settlement, the Notice of Violation will be
handled under the procedures for Civil Prosecution.
When the investigator calls, be prepared to
discuss the violation and describe anything about the violation that AQMD
should be aware of in considering the case. For example, it may be helpful for
the investigator to know the condition of the equipment, whether any
resulting emissions were
caused by an equipment breakdown, if the equipment was operating under a valid AQMD Permit to Operate or any other factors pertinent to the case.
Knowing the relevant facts will provide the investigator
with a better understanding of the case and minimize the time necessary to settle
the violation. Typically, all settlements require a
penalty payment
and written proof of current compliance.
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