Basic Information on Enforcement Practices
It is the practice of the Antelope Valley Air Quality Management District (District) to issue Notices to Comply (NTCs) and Notices of Violation (NOVs) to announce and document an alleged violation of the California Clean Air Act (Health & Safety Code Section §§39000 et seq.); of any order, permit, rule or regulation of the California Air Resources Board; of any order, permit, rule or regulation of the District; or of any order of the District Hearing Board. It is also the practice of the District to have a clear and consistent method of identifying and documenting such violations.
Identification of Violation:
- Alleged violations may be identified in a variety of manners including but not limited to:
During an inspection by a member of the compliance staff.
- By staff review of documentation submitted by the facility pursuant to permit or other legal requirements.
- By failure of the facility to submit documents requested by the District in the manner or by the time limit specified in the request.
Types of Violations subject to Additional Education:
a. Violations which are subject to education are those violations for which an NTC may be written as set forth below but where it is abundantly clear that the violation would not have occurred if the alleged violator had been properly educated in how to avoid the violation.
b. The primary type of violation subject to Additional Education will be those involving recordkeeping occurring at a small facility but may involve other violations which could have been subject to a NTC.
c. From time to time, the APCO may exercise enforcement discretion and specify a particular type of violation which would be subject to Additional Education for a limited period of time. The APCO shall designate such types of violation and the time period in writing. (For example: The APCO may determine that a rule change causing a major shift in recordkeeping methodology would be appropriate for such a designation).
Types of Violations Subject to a Notice to Comply:
a. Violations which are subject to a potential NTC result in a de minimis emission of air contaminant, not endanger health, safety or welfare of anyone, not endanger the environment, not cause or contribute to a violation of the National Ambient Air Quality Standards, and not impair the ability to determine if the facility is in compliance with any other air district requirement for the facility. (Rule 112(C)(1)(a))
b. Even if the violation meets all the requirements it can not be considered subject to a NTC if the violation is knowing, willful or intentional; results in an economic benefit to the facility; is a chronic violation; is committed by a recalcitrant violator; is a violation of the requirement to obtain a permit; or is a violation of a Title V permit condition. (Rule 112(C)(1)(b))
Notice of Violation –All other types of Violations:
a. All other violations shall be documented with a Notice of Violation.
If you receive a Notice of Violation, take IMMEDIATE action to prevent the violation from recurring. If you cannot immediately return to compliance, you may apply for a temporary variance from the District Hearing Board.
Next, advise the District in writing of the action taken to correct the alleged violation or the reason(s) you think the violation did not occur. Submit your response within ten (10) days of the date the Notice of Violation was issued. Read the Notice of Violation Fact Sheet for more detailed information.
Mail your response to:
43301 Division Street
Lancaster, CA 93535
Or fax it to: (661) 723-3450
Or e-mail it to: email@example.com
If the District determines that a Notice of Violation should be handled through the Mutual Violation Settlement Program, a letter will be sent offering to settle the Notice of Violation.
The Antelope Valley Air Quality Management District’s Violation Mutual Settlement Program offers recipients of a Notice of Violation the opportunity to settle violations out-of-court. A Notice of Violation is issued for violation that may result in monetary penalties, civil suit, or in serious cases, criminal penalties.
The following links will provide assistance to recipients in responding to a Notice of Violation or a Notice to Comply.
The District’s Small Business Assistance Program assists business owners by providing compliance training, courtesy inspections, technical assistance and information to help facilities return to compliance.
For more information regarding the District’s Compliance Program, contact the District office at (661) 723-8070.