What Is A Notice Of Violation?
A notice of violation (NOV) informs a person or business that a District rule, state law, or permit condition has been violated. A NOV is issued when a violation is observed or discovered. The purpose of a NOV is to initiate corrective action that will stop the violation and reduce air pollution. To incentivize continuing compliance, NOVs may result in monetary penalties of up to $1,000,000 per day per violation, in accordance with the California Health & Safety Code, Section 42402. Serious or repeated violations that show blatant disregard for the law and for public health may lead to criminal prosecution.
What Should I Do If I Receive A Notice Of Violation?
The first thing to do is take immediate action to stop the violation and to bring your operation back into compliance. Send, within 10 days, a copy of the notice with a written description of the corrective action you have taken to prevent continued or recurrent violations. If you have questions, call the District Compliance Department. Send the information to the attention of the inspector who issued the NOV or bring it to the regional office indicated on the NOV.
What If I Cannot Correct The Problem?
If you must continue operations which will cause the violation to continue, you should consider immediately applying for a variance. A variance is an administrative order granting temporary relief from specific provisions of a District rule or permit condition. If approved, a variance allows you to continue operating while you take steps to come into compliance. If the violation is for creating a public nuisance or failure to obtain a permit, you are not eligible for a variance. For more information, call the Compliance Department at the regional office in your area.
What Happens Next?
Notices of violation can be handled in two ways: By the District's Mutual Settlement Program or as a last resort, By the District's legal counsel.
