An emissions source may request relief from enforcement action if a violation of rules and regulations is caused by a short-term breakdown. To be granted relief the source must demonstrate that the failure or malfunction qualifies for breakdown relief under the provisions of Rule 505.
A breakdown must meet all of the following criteria:
- It is not the result of neglect or disregard of any air pollution control law or rule or regulation;
- It is not the result of an intentional or negligent act or omission on the part of the owner or operator;
- It is not the result of improper maintenance;
- It does not constitute a nuisance as defined in Section 41700 of the Health and Safety Code;
- It is not a recurrent breakdown of the same equipment.
A source may only seek breakdown relief for up to 24 hours (or 96 hours for continuous monitoring equipment). If the breakdown condition lasts longer than 24 (or 96) hours, continued operation of the equipment may be subject to enforcement action.
To claim breakdown relief, email an initial breakdown notification to the District no later than 4 hours after the start of the next regular business day after the breakdown is detected. The section of the reporting form marked “Required Information” must be completed and photographs or supporting documentation should be included as necessary.
After you submit an initial notification, we will contact you within 24 hours to confirm receipt and provide you with a tracking number.
Within one week after the breakdown has been corrected, email a final breakdown report that documents how the breakdown was corrected and how it will be prevented from recurring.
Submitting a breakdown notification does not guarantee relief from enforcement action. The District will investigate breakdown notifications and may take enforcement action if the occurence does not constitute a breakdown condition.
Submitting a willfully false breakdown notification, or claiming a breakdown without probable cause, is a separate violation of District Rules and Regulations.
For more information or to submit a breakdown notification email [email protected].