Notice to Comply

The Notice to Comply (NTC) is a written method of:

  1. Alleging a minor violation of an SCAQMD rule requirement has occurred; or

  2. Requesting information from a business during the inspection process in order to obtain the information necessary to determine the facility's compliance status.

    Information is defined as data, records, photographs, analyses, plans, or specifications which will disclose the nature, extent, quantity, or degree of air contaminants which are, or may be, discharged by a source, or which are relevant to establish rule compliance.

If you are issued an NTC by an SCAQMD Inspector, remember that you have a limited amount of time to "fix" or comply with the items listed on the NTC.  Failure to achieve compliance with the NTC by the date specified on the notice may lead to the issuance of Notice of Violation and the assessment of penalties.

Rule-Specific Guidelines for issuing a Notice to Comply

SCAQMD’s goal is to be consistent and fair to all sources in its application of the Notice to Comply. To ensure that this goal is met, rule-specific guidelines have been developed to distinguish criteria for issuing a Notice to Comply vs. a Notice of Violation (a more serious violation that could result in penalties) for failure to comply with SCAQMD rule requirements governing permits, emission limits and controls, and recordkeeping, as well as those associated with prohibitory and source-specific rules. A Notice to Comply will not be issued in situations where these guidelines require a Notice of Violation.

What Are Minor Violations?


Minor violations are violations which SCAQMD, in its discretion, deems to be administrative or  procedural in nature, or which involve a de minimis amount of emissions increases.

Minor violations that are corrected in the presence of the inspector generally will not result in issuance of a Notice to Comply unless they are repeated minor violations. In such cases, a Notice of Violation, which is a more serious enforcement action, could result in penalties.

 

Minor violations DO NOT include:

  • Violations of federal requirements.

  • Violations which create a public nuisance (Rule 402- PDF, 8kb) or endanger the environment or the heath, safety or welfare of any person or persons.

  • Violations that are chronic or committed by a recalcitrant violator.

  • Violations supported by evidence that:

If You Receive a Notice to Comply


If you receive a Notice to Comply from SCAQMD, it means you are either in violation of the law or required to furnish information. To resolve this minor violation you should:
  1. Comply with the instructions. 
  2. Correct your compliance problem(s) by the specified deadline date(s) shown on the Notice to Comply form. 
  3. Complete and sign the ‘Reply Report’ portion of the notice. 
If multiple minor violations are listed and you correct them on different dates, it may be necessary for you to submit separate copies of the Notice to Comply form within five (5) days after each respective minor violation is corrected. You may photocopy the Notice to Comply as many times as necessary to make the required report(s).

You may report the correction of more than one (1) violation cited on a single ‘Reply Report.’  However, make sure that the copy of the 'Reply Report’ is not submitted more than five (5) days after the earliest correction date of any of the minor violations referred in your report.

Mail a copy of the Notice to Comply to the address appearing on the notice form within five (5) days of correcting each compliance problem listed in the notice.

Contact your SCAQMD Air Quality Inspector if you find that you need additional time to correct a minor violation for which you have been cited. Extensions may be granted by the Inspector, but for no longer than thirty (30) days beyond the date when you were first cited.

File a petition for a variance from the SCAQMD Hearing Board (909-396-2500) if you need to continue operating in violation.

Questions?
Your SCAQMD Air Quality Inspector can answer any question you may have regarding the minor violations program or how to apply for a variance. You can also obtain additional assistance by contacting SCAQMD’s Small Business Assistance Office at 909-396-3529 or the SCAQMD Prosecutor’s Office at 909-396-3400.