TUOLUMNE COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 301 - COMPLIANCE

  1. Enforcement. This Regulations shall be enforced by the APCO under the authority of Section 40001, 40702 and 40752, and by all officers empowered by Section 40120.
  2. Criminal and Civil Penalties. A violation of this Regulation, or of Section 41800 or 41852, is a misdemeanor punishable in accordance with Sections 42400, 42400.1 and 42400.2, and is subject to civil penalties in accordance with Sections 42401, 42402, 42402.1, 42402.2 and 42403. In addition, the cost of putting out any unauthorized open outdoor fires may be imposed pursuant to Section 42400.5 on any person violating Section 41800 or 41852.
  3. Administrative Civil Penalties. In lieu of any other civil and criminal penalties, administrative civil penalties of up to $500.00 per violation may be assessed pursuant to this Subsection and Section 42402.5 for violations of this Regulation or of Section 41800 or 41852.
    1. The APCO shall give written notice to the person against whom administrative penalties are proposed to be assessed. The notice shall identify the proposed penalty amount and the nature of the alleged violation. The notice shall also advise the recipient that he or she may review the APCO's evidence pertaining to the alleged violation, and may within 10 days of receipt of the notice make a written request for an administrative hearing pursuant to this Subsection. If a hearing is not requested within 10 days, the APCO may issue an order assessing the penalty on the violator.
    2. Upon a timely request, an administrative hearing shall be conducted pursuant to the following procedures:
      1. The hearing shall be conducted by the APCO, provided that an alternative Hearing Officer shall be appointed by the APCO for good cause.
      2. The person who has requested the hearing shall be given reasonable notice of the time and place of the hearing. The person shall have an opportunity to present oral or written evidence and argument. A tape recording or transcript shall be made of the hearing.
    3. Following the hearing, the hearing officer shall render a written notice of decision. The notice of decision shall be delivered or sent certified mail to the person who requested the hearing. The decision shall state whether the hearing officer has determined the person has committed a violation as charged, and shall state the basis for that determination. If the hearing officer determines that the person has committed a violation, the notice of decision shall include an order assessing an administrative penalty in accordance with this Subsection. The order shall also notify the person of his or her appeal rights under this Subsection.
    4. Within 10 days of receipt of a notice of decision and order, a person may appeal the decision and order to the District's Hearing Board. The appeal need not be formal, but it shall be in writing and signed by the appellant or his or her authorized agent, and shall state the grounds for the appeal. Any party may, at the time of filing the appeal or within 10 days thereafter, present written evidence and a written argument to the Board. The Board may grant oral arguments upon application made at the time written arguments are filed. The Board shall decide the appeal on any oral or written argument, briefs, and evidence that has been received. The Board may sustain, modify by reducing the amount of the fine assessed, or reverse the decision of the Hearing Officer. A copy of the Board's decision shall be delivered or mailed to the appellant and the APCO.
    5. Penalty Schedule. The following schedule shall provide guidelines for the setting of administrative penalties imposed pursuant to this subsection. The penalty may be varied, up to $500 per violation, in light of exacerbating or mitigating circumstances.
      1. Rule 302.1 permit requirement; $50 - 100 for first offense. $200 - 500 for second offense.
      2. Rule 303.1 burn/no burn day; $50 - 100 for first offense, $200 - 500 for second offense.
      3. Rule 310.1 prohibited material; $100 - 500 for first offense, $500 for second offense.
      4. Multiple violations--$250 for first offense, $500 for second offense.
    6. The filing of a complaint for civil or criminal penalties pursuant to Sections 42400 et seq. shall preclude assessment of administrative civil penalties for the same violation. The final assessment of administrative civil penalties pursuant to this subsection shall preclude any subsequent complaint for criminal or civil penalties for the same violations pursuant to Sections 42400 et seq.