What is a Notice of Violation?

A notice of violation (NOV) is the APCD’s official record that someone has violated an APCD rule, permit condition, state or federal law relating to air pollution. In order to provide consistency and to avoid even the appearance of favoritism, the APCD does not give written or verbal warnings. An NOV is issued every time a violation is observed or discovered.

The primary purpose of an NOV is to initiate corrective action which will reduce air pollution. To provide an incentive for continuing compliance, NOVs may result in monetary penalties. Serious or repeated violations which show blatant disregard for the law and for public health, or unpaid penalties may lead to civil or criminal prosecution.

What should you do if you receive a Notice of Violation?

Don’t panic! If you have any questions, email or call us. The first thing you should do is take immediate action to bring your operation back into compliance. Each day of non-compliance is an additional violation and subject to additional monetary penalties.

Within 10 days, return a copy of the NOV to the APCD with a written description of the corrective action you have taken to prevent continued or recurrent violations. If you need help preparing this response, please email or call us. Send this information to the attention of the inspector who issued the NOV.

What if you cannot correct the violation?

If you must continue operations which do not comply with APCD rules or permit conditions, you may qualify for a variance.

A variance is an administrative order granting temporary relief from specific provisions of an APCD rule or permit condition. If approved, a variance allows you to continue operations while you take steps to come into compliance. You are not eligible for a variance if the violation creates a public nuisance or if the violation is for failing to obtain an APCD permit. However, there may be other operational or administrative remedies available to you. Call us and we will work with you to design a compliance strategy.

For more information, see our variance webpage or contact us at [email protected].

What Happens Next?

After compliance is achieved, Notices of violation are handled in one of two ways: by the APCD’s Mutual Settlement Program or by referring the case for legal action to APCD’s legal counsel, the Santa Barbara County District Attorney’s Office, California Air Resources Board, U.S. Environmental Protection Agency, or other agency with oversight in the area at issue. Each of these is described below.

Mutual Settlement Program

In most cases, monetary penalties assessed for the violation can be resolved through the APCD’s Mutual Settlement Program. This program offers the opportunity to settle your case by reaching an agreement with the APCD to pay a penalty. When your violation is referred to the Mutual Settlement Program, you will receive a settlement offer. You should respond to the offer within the time indicated. If requested, a settlement conference may be held remotely or in person. If you do not respond, or if the matter cannot be resolved, it may be referred for legal action to APCD’s legal counsel or to an independent enforcement agency, such as the Santa Barbara County District Attorney’s Office.

Penalties

The Mutual Settlement Program penalties are generally reduced to 10-25% of the maximum penalty allowed by law (California Health and Safety Code, Section 42403), based on one or more of the following factors:

• The extent of harm caused by the violation.
• The nature and persistence of the violation.
• The length of time over which the violation occurs.
• The frequency of past violations.
• The record of maintenance.
• The unproven or innovative nature of the control equipment.
• Any action taken to mitigate the violation.
• The financial burden to the operator.

A complete description of the penalty structure as it applies to a violation at your facility can be obtained from the Mutual Settlement staff.

Suspensions

To ease the financial burden of some penalty payments, a suspension may be offered in cases where swift action was taken to achieve compliance; there is a record of vigilant maintenance practices; the pollution control equipment is innovative or unproven; or non-compliance was of a short duration. Rather than requiring you to pay the entire penalty at the time of settlement, a one-year suspension of all or a portion of your penalty may be offered. If additional violations occur within the year, the suspended amount must be paid. If your operations are maintained in compliance for a year, the suspended amount will be dismissed.

You may discuss penalty suspensions with the Mutual Settlement staff.

Legal Action

Violations which the Mutual Settlement Program are unable to resolve may be referred for further legal action. Referral of a violation to the District Attorney’s Office may result in civil or criminal prosecution.

Unusually serious violations which could have been prevented, which show willful disregard for public health and air pollution control laws, or caused great bodily injury or death are not considered for Mutual Settlement but are referred directly to the District Attorney for prosecution.

When Rules Change

Rule changes can affect your business. It is your responsibility to know the current rules. A copy of the APCD’s Rules and Regulations are available online here: Current Rules and Regulations. To be kept informed of rule changes, you can subscribe to the following individual services: rule updates, public notices of workshops and Board hearings, copies of draft and proposed rules, and staff reports.

Be sure to familiarize yourself with all conditions of your APCD permit, especially if you receive a modified or re-evaluated permit.

For More Information

This provides answers to commonly asked questions about NOVs and the Mutual Settlement Program. If you have specific questions about your NOV, contact the inspector who issued it. For further information about the Mutual Settlement Program or other compliance issues, email [email protected].