In most cases, violations can be resolved through the District's Mutual Settlement Program. This program offers both the District and you an opportunity to settle alleged violations without expensive and time-consuming litigation. When your violation is referred to the Mutual Settlement Program, you will receive a settlement offer which asks for the payment of a monetary penalty. It may also specify action to be taken by you to ensure continued compliance with the law. Alternatives to monetary settlements may also be considered on a case by case basis.
You should respond to the offer within the time indicated. If you wish to discuss your case, you may schedule a settlement conference; this can occur over the phone or in person. If you do not respond, or if the matter cannot be resolved, it will be referred to the District's legal counsel.
The California Health and Safety Code, Section 42402, establishes the maximum civil penalties for air pollution violations, which provides for up to $1,000,000 per day depending on the seriousness of the violation. The Mutual Settlement Program assesses penalties in accordance with the California Health and Safety Code, Section 42403, which takes into consideration all relevant circumstances, including but not limited to the following:
Violations that the Mutual Settlement Program is unable to resolve will be handled by the District's legal counsel. Cases that cannot be settled out of court may be pursued through the legal system.
Unusually serious violations that could have been prevented or demonstrate willful disregard for public health and air pollution control laws may be referred to the District Attorney for criminal prosecution. Penalties for such violations may be as high as $1,000,000 per day for each day of violation, or one year in jail, or both.
You may wish to retain an attorney to assist in matters referred to the District legal counsel.
This page provides answers to commonly asked questions about Notices of Violation and the Mutual Settlement Program. If you have specific questions about a NOV you received, you should contact the inspector who issued it. For further information, call the Mutual Settlement Department at: English (559) 230-5999. Spanish (559) 230-5995.
