FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

RULE 8.3 - ADMINISTRATIVE CIVIL PENALTIES
(Adopted 2/02)

1. The Air Pollution Control Officer (APCO) may impose an administrative civil penalty on any person who violates
  (a) part 4 (commencing with section 41500) in division 26 of the Health and Safety Code; or
  (b) any order, permit, rule, or regulation of the Air Resources Board or the district (including the district hearing board) adopted in accordance with part 1 (commencing with section 39000), part 2 (commencing with section 39500), part 3 (commencing with section 40000), or part 4 (commencing with section 41500) in division 26 of the Health and Safety Code.
       
2. The administrative civil penalty for a violation relating to emission of air contaminants is $500. Each day during which emissions occur is a separate violation. The administrative civil penalties for all other violations are $250 for the first violation and $500 for each subsequent violation. The total administrative civil penalties for all violations arising from the same facts may not exceed $5,000 for each responsible person.
       
3. Before imposing an administrative civil penalty on a person, the APCO must provide a written notice of penalty to that person, either by personal delivery or by certified U.S. Mail. The notice of penalty may address more than one violation and must
       
  (a) describe the nature and date of each violation;
       
  (b) identify each statute, order, permit, rule, or regulation violated;
       
  (c) explain that the penalty for each violation is being imposed in accordance with this rule, and indicate the amount of each penalty;
       
  (d) advise that the person may review all nonprivileged, nonconfidential evidence the district has concerning each violation; and
       
  (e) advise that the person must pay all penalties within 10 calendar days after receiving the notice unless, within that time, the person has mailed (by certified U.S. Mail) or delivered to the district a written request for a hearing before the APCO.
       
4. The following procedures apply when the APCO issues a notice of penalty in accordance with section 3:
       
  (a) The APCO may rescind a penalty at any time before the penalty is paid. If a penalty is rescinded, the APCO may
       
    (1) close the enforcement file for the associated violation;
       
    (2) process the violation through the district's Mutual Settlement Program; or
       
    (3) ask the district's board of directors to refer the violation to district counsel for recovery of civil penalties or to the appropriate district attorney for criminal prosecution.
       
  (b) The APCO must close the enforcement action for a violation if the person timely pays the associated penalty in full.
       
  (c) If the person does not timely pay a penalty or request a hearing on it, the APCO may issue an order imposing the penalty. Issuance of that order will constitute final administrative action for purposes of judicial review. The APCO will provide a copy of the order to the person, either by personal delivery or by certified U.S. Mail, and will collect the penalty in accordance with section 5.
       
  (d) If the person timely requests a hearing and the penalty is not rescinded, the APCO must conduct a hearing as follows:
       
    (1) The APCO will notify the person in writing of the date, time, and place of the hearing, either by U.S. Mail or by personal delivery. The date of the hearing must be at least 10 calendar days after the notice of hearing is mailed or delivered. The APCO may continue the hearing if the person consents in writing.
       
    (2) At the hearing, a district representative other than the APCO will present the district's evidence and argument, and the person or the person's representative may present evidence and argument. Evidence may be written or oral, and the APCO must consider all relevant evidence presented. The hearing will be tape recorded.
       
    (3) Following the hearing, the APCO will provide the person with a written statement of decision, either by certified U.S. Mail or by personal delivery. The statement must indicate whether the APCO has determined that the person committed the violation and explain the basis for that determination. In making this determination, the APCO may rely only on relevant evidence presented at the hearing. If the APCO determines that the person committed the violation, the statement must also include an order imposing a penalty equal to or less than the amount indicated in the notice of penalty. The APCO's statement of decision will constitute final administrative action for purposes of judicial review. If the person does not pay the penalty in full within 10 calendar days after the statement of decision is mailed or delivered, the penalty will collected in accordance with section 5.
       
5. The APCO may collect a penalty specified in an order issued under section 4 through any legal means, including small claims court or a public or private collection service. Alternatively, the APCO may do one or more of the following:
       
  (a) Close the enforcement action for the associated violation.
       
  (b) Rescind the order and process the violation through the district's Mutual Settlement Program.
       
  (c) Rescind the order and ask the district's board of directors to refer the violation to district counsel for recovery of civil penalties or to the appropriate district attorney for criminal prosecution.
       
    The APCO will provide the person with written notice of any action under subsection 5(a), 5(b), or 5(c), either by personal delivery or by certified U.S. Mail.
       
6. Payment in full of an administrative civil pe